Rights of Way Section - Real Estate Division

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 are available online, however, applications are not, and may be obtained 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 Application Supplement does not accompany the application, the processing of the application will be delayed.

The complexity and terms of the Rights of Way are determining factors in the length of time it takes to process an application. Processing times vary from 12 - 16 months. To schedule a preliminary Application conference, or to discuss a property, contact the Land Department’s Real Estate Division at 602 542-4098 .

Please consult the side bar links for additional information regarding appraisal, planning and engineering, sales and leasing and rights of way on State Trust Land.