Board approves statutory 'open and declare' to take subdivision roads into county system
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Summary
The Board approved items 10a and 10b to accept newly built subdivision roads into the county transportation system, a step staff said state law requires once roads in county-approved subdivisions meet county standards.
The Maricopa County Board of Supervisors approved two "open and declare" items on April 9 that accept new subdivision roads into the county transportation system. County staff said state statute requires the county to take dedicated subdivision roads into its system once they are built to county standards.
A county transportation official identified in the hearing as Mr. Smith told the board that Arizona Revised Statute "11,822 c" (as discussed in the hearing) requires the county to take these roads into the system because they were dedicated by the developer on the recorded plat and meet county construction standards. The staff named two subdivisions discussed historically as examples: Zanjero Trails and Granite Vista.
Speakers during public comment questioned whether the board was authorizing condemnation or taking private property; staff clarified that "open and declare" is the statutory mechanism to accept dedicated roads and is not condemnation when the roads were dedicated on the subdivision plat. Residents raised procedural and transparency concerns; the board approved items 10a and 10b by unanimous vote.
Supervisor motioned and seconded approval of the items; the motion carried with all supervisors voting aye. Staff said the action moves maintenance responsibility for the accepted roads to Maricopa County.
