Rights of Way Section
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 rights of way are determining factors in the length of time it takes to process an application. For more information, please email [email protected].
Farming activities on State Trust land are authorized with a lease or permit instrument. The Trust manages approximately 400 agriculture leases and permits encompassing 225,000 acres of irrigated farm land.
Improvements such as wells, pumps, clearing and leveling, center pivot and drip irrigation systems are placed on the land and paid for by the lessee. The improvements may or may not be reimbursable to the lessee upon disposition of the land or leasing to another farmer.
Although Trust land is not liable for real property taxes the lessee is liable for personal property taxes on improvements and any other assessments that may be levied such as irrigation taxes. For more information, please email [email protected].
The Minerals Section is responsible for mining and minerals-related activities on State Trust land. These activities fall into six general categories, including:
The right to explore for and produce mineral commodities on State Trust land may be accomplished by obtaining one of the following mineral-related permits or leases:
- sand & gravel and aggregates mining,
- hard rock and industrial minerals exploration,
- hard rock and industrial minerals mining,
- geothermal energy exploration and development,
- oil & gas exploration and development, and
- surface use only (where the State controls the surface rights but not the subsurface estates).
For more information, please email [email protected]