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The state laws that govern motorized roads on federal lands
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Roads over federal lands are a fundamental part of all western states that are dominated by federally administered public lands. They provide vital access routes for infrastructure, conservation, recreation, agriculture, mineral exploration, and they bolster economic growth, communication, commerce, and national security. They also facilitate fundamental human rights to locomotion and activities protected under the first amendment.
Despite the misapplication of federal policies that close thousands of miles of roads on federally administered public lands, the vast majority of roads in Arizona were established under Section 8 of the Mining Act of 1866. These roads, built between 1866 and 1976, are governed by state laws which protect our use and grant local political subdivisions governance authority over their use, maintenance, improvement, and abandonment.
Arizona’s claim to RS 2477 rights of way on public lands
This law establishes Arizona’s unequivocal claim to RS 2477 rights-of-way across public lands, declaring them as public highways. It outlines various methods by which these rights-of-way can be established, including public use, construction, maintenance, mapping, or agreements with federal agencies. The law prohibits the unauthorized exchange, waiver, or abandonment of RS 2477 rights without formal and recorded action, ensuring their legal protection. Importantly, the statute maintains that a lack of maintenance or omission from maps does not negate the existence or status of an RS 2477 right-of-way.
This framework, if enforced, ensures these routes will remain valid and recognized property rights of the state that are held on our behalf.
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Establishing, altering, or abandoning a county highway
This statute provides counties with the authority to establish, alter, or abandon highways through recommendations or petitions, but explicitly exempts RS 2477 rights-of-way from the recommendations of county engineers during the abandonment process. This exemption ensures that they cannot be vacated under typical local highway procedures. Instead, RS 2477 rights-of-way enjoy heightened protection, requiring a more rigorous and formal process by the county board of supervisors for any changes to their status.
By shielding RS 2477 routes from standard abandonment, this law complements A.R.S. § 37-931 by making sure unelected county bureaucrats can’t recommend the abandonment RS 2477 rights of way. It also establishes a potential mechanism for motorized advocates to prompt counties to officially recognize RS 2477 rights of way on federal lands with a petition of 10 or more taxpayer residents of the county.
28-6701. Establishing, altering or abandoning local highway
A. The board of supervisors may establish, alter or abandon a highway in the county and other legal subdivisions and acquire real property for these purposes by purchase, donation, dedication, condemnation or other lawful means.
B. A highway in the county or any other legal subdivision may be established or altered by the county engineer’s recommendation or by presentation of a petition that is signed by ten or more resident taxpayers of the county to the board of supervisors or to the board of supervisors by the governing body of a legal subdivision, that requests that a highway be established or altered and that gives the highway’s beginning, end, general course and direction. The board of supervisors may either reject the recommendation or petition or act on the recommendation or petition as prescribed by this article.
C. The board of supervisors may abandon or vacate these highways by resolution as provided in chapter 20, article 8 of this title, except that, notwithstanding section 28-7211, at least sixty days before the resolution is effective pursuant to section 28-7213, the board of supervisors shall give written notice by certified mail to the owners of the land abutting the highway or portion of the highway to be abandoned or vacated. The board of supervisors shall not resolve to abandon or vacate a highway unless a majority of the owners of the land abutting the highway or portion of the highway approve of the action to abandon or vacate the highway.
D. The county engineer’s recommendation process to establish or alter a highway as described in subsection B of this section does not apply to the abandonment of a road that was granted under Revised Statute 2477 (43 United States Code section 932) that was enacted by the United States Congress in 1866.
Further protection from abandonment
This law governs the abandonment of federal patent easements but explicitly excludes RS 2477 rights-of-way from its scope. It ensures that counties cannot inadvertently abandon these routes under general easement procedures. By requiring formal processes for any changes and excluding RS 2477 rights-of-way from abandonment mechanisms used for other easements, this statute strengthens the protections established by A.R.S. § 37-931 and A.R.S. § 28-6701. It emphasizes the distinct status of RS 2477 routes as public highways of statewide and federal importance, further preventing their loss through administrative oversight or misinterpretation.
11-251.16. Federal patent easements; county abandonment; exception
A. A county, at the request of a property owner, may abandon a federal patent easement established by the small tract act of 1938 that the county determines, after notifying and obtaining the consent of all affected utilities, is not being used by the public or is no longer necessary.
B. At least sixty days before the consideration of an abandonment resolution, the board of supervisors shall give written notice of the abandonment proposal and the date and time of its consideration by certified mail at the address shown in the records of the county assessor to the owners of the land abutting the easement to be abandoned. The notice shall inform recipients of the opportunity and deadline to object in writing or in person on the date of the board’s scheduled consideration of the abandonment proposal. The board of supervisors shall not resolve to abandon an easement unless a majority of the owners of the land abutting the easement approves the action. An owner who does not object in writing to the abandonment proposal on or before the date of the board’s scheduled consideration of the proposal or in person on the date of the board’s scheduled consideration of the proposal shall be deemed to have consented to the abandonment proposal. The board shall post a copy of the notice at or in the immediate vicinity of the proposed abandonment.
C. This section does not apply to the abandonment of a roadway that was granted under Revised Statute 2477 (43 United States Code section 932) that was enacted by the United States Congress in 1866.
Tags:
Arizona highway laws, Arizona public highways, Arizona state highways, county road abandonment, economic growth roads, federal land easements, federal lands access, federal road closures, mineral exploration routes, Mining Act of 1866, public land infrastructure, public lands conservation, public lands navigation, public road maintenance, RS 2477 legal framework, RS 2477 legal protections, RS 2477 recreation access, RS 2477 rights-of-way, RS 2477 road protection, RS 2477 statute
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