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Board approves abandonment of patent easements after landowner raises BLM jurisdiction questions
Summary
The Board unanimously approved abandonment of patent easements listed in agenda items 8–11 after a landowner asked county staff to clarify whether the county or the Bureau of Land Management has control. County transportation and real estate directors said the easements are patent easements subject to county custody under county ordinance.
The Maricopa County Board of Supervisors unanimously approved agenda items 8 through 11, which would abandon certain patent easements, after a landowner raised concerns that Bureau of Land Management (BLM) easements and federal ownership might conflict with the county’s action.
A landowner, Ray Dalton, told the board the maps filed with the county showed easements around his property that, he said, had previously been released by the BLM and that utilities and federal interests had been removed. Dalton asked who would control the easements and whether county action might conflict with federal records.
Jesse Gutierrez, Director of Transportation and County Engineer, and Alex Smith, Director of Real Estate, explained these were patent easements—grants created historically under the Small Tract Land Act (a federal practice historically used to grant public easements) and that Maricopa County Department of Transportation (DOT) serves as the custodian for patent easements under county ordinance. Gutierrez said the county keeps maps and can dispose of patent easements that are no longer needed for public access or utilities; Real Estate staff offered to meet with the landowner after the meeting to review documentation and historical records.
Vice Chair Kate Brophy McGee moved approval and Supervisor Mark Stewart seconded the motion. The board took an up‑or‑down voice vote and approved the abandonments unanimously.
Staff said that if the affected landowner has additional documentation demonstrating federal action or other competing claims, Real Estate staff invited him to present those documents for follow‑up review.
Why it matters: Patent easement abandonment affects property access and potential future utility or road uses. Landowners raised questions about whether recorded maps reflect current federal or utility interests, and staff agreed to follow up to resolve discrepancies in historical records.
