Maricopa County

Patent easements

Request the abandonment of patent easements


Arizona Revised Statutes, A.R.S. §11-251.16 authorized the County to abandon Federal Patent Easements. Maricopa County adopted Ordinance P-34 which established the procedures and guidelines for abandonment of these easements. Abandonment of these on any property will result in extinguishing the legal right of the public and utilities to access across the portion of the easement abandoned.

Abandonment of a Federal Patent Easement pursuant to A.R.S. §11-251.16 does NOT abandon a road right of way dedicated or conveyed to Maricopa County that may exist on top of the Federal Patent Easement or any private ingress/egress easement.

Applicant Obligation

A person who files a Patent Easement abandonment application is required to be the current owner of the property upon which the abandonment is sought. The application must be complete and all documentation required in the application must be submitted with the application.

The applicant is required to demonstrate at a public hearing before the Board of Supervisors that the Patent Easement is not being used by the public, including utility service and emergency vehicles.

Disqualifying Conditions

There are certain conditions that will cause an application to abandon to be rejected. These conditions are identified in Section 5 of Maricopa County Ordinance P-34, Items “a” through “f”.

Application Procedure

Applicants are encouraged to consider carefully the requirements, restrictions and procedure before initiating a request for abandonment of a Patent Easement. If the decision is to proceed, the application process is a two-step procedure.

Step 1. Initial Determination Request
  1. Download and complete the Initial Determination Request form.
    1. Bring the completed form and a $250* non-refundable review fee to:
      2901 W Durango St
      Phoenix, AZ 85009


      NOTE: Any person can request this Initial Determination. You are NOT required to be the current owner of the property.
  2. A written Initial Determination will be provided to the requestor.
Step 2. Abandonment Application

If, after receiving and considering the Initial Determination, the requestor chooses to proceed with the abandonment process then:

  1. Download and complete the Patent Easement Abandonment Application.
    1. Bring the completed application, all required documentation, and the non-refundable application fee to:
      2901 W Durango St
      Phoenix, AZ 85009


      NOTE: For this step, you ARE required to be the current owner of the property.
  2. A report will be prepared based on comments from the review panel and posted to the MCDOT website. Links to reports associated with Patent Easement Abandonments currently under review are shown below.
  3. A link to the report and all supporting documentation for Patent Easement Abandonment currently under review is provided directly to the requestor.
  4. The requestor will receive a letter, by certified mail, stating the date, time, and place of the hearing. You may also visit the Board Meetings, Agendas, and Minutes page for a listing of all upcoming Board meetings.

* Make checks payable to: Maricopa County Department of Transportation

If you submit the application within six months of receiving the Initial Determination, the fee paid for the Initial Determination will be credited against the $1,600 fee

If you are not the requestor but would like to obtain a copy of a Patent Easement Abandonment report with supporting documentation you must file a public records request.

Active Patent Easement Abandoments

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