Board unanimously approves abandonment of listed patent easements after staff explains county custody

The Board of Supervisors unanimously approved abandonment of the patent easements listed as agenda items 8 through 11 after county transportation and real estate officials explained that the easements are patent easements administered by the county and not Bureau of Land Management (BLM) easements.

A nearby landowner, Ray Dalton, told the board that maps accompanying the abandonment notice showed easements over property he believes the BLM and federal government had already released years earlier. He asked who has jurisdiction and whether the county should be acting to abandon easements that the BLM previously removed.

Jesse Gutierrez, the county engineer and director of Transportation, said the items under consideration are patent easements — rights granted under the Small Tract Land Act of 1938 — and that Maricopa County Department of Transportation is the custodian of those easements. Alex Smith, director of Real Estate, said the county maps patent easements, maintains records of assignments and tracks abandonments. Both staff offered to meet with Dalton after the meeting and review any documentation he brought.

Vice Chair Kate Brophy McGee asked staff to follow up with the landowner; staff agreed to meet after the meeting. With no formal opposition to the specific abandonments on the agenda, the vice chair moved approval of items 8 through 11; the motion was seconded and carried by unanimous voice vote.

County staff noted that abandonment of patent easements is an administrative process available when the easements are no longer needed for public access or utilities. They also said the county carefully examines whether abandonment could block existing access to wells or roads before proceeding. No additional changes to county law were proposed at the meeting.