Rights of Way

A Right of Way is an encumbrance on the property it crosses. Rights of Way are granted across State Trust land for a variety of public and private uses, such as access roads, infrastructure, power lines, communication lines, and public roadways. Rights of Way are issued for terms ranging from one year to perpetuity. All Rights of Way in excess of 10 years must be approved by the Board of Appeals, an independent body of 5 members, appointed by the Governor.

 

The Rights of Way process is initiated by an application, completed by the applicant in consultation with Department staff, and filed with the Land Department. Rights of Way instruction sheets and applications are available online or in person at the Arizona State Land Department at 1616 W. Adams (Public Records Rm# 150), Phoenix, AZ 85007. Or contact the Rights of Way Section at 602 542-4098 to have one mailed to you.

 

Supplemental Rights of Way forms must accompany any new application for the proposed use and may be downloaded from our website, under the side bar link titled “Applications”. If the applicable Application Supplement(s) do not accompany the application, the application will be returned to the applicant. Applications may be resubmitted once complete.

 

The complexity and terms of the Rights of Way are determining factors in the length of time it takes to process an application. For more information, please contact the Land Department’s Real Estate Division at 602 542-4098.

 

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