HomeMy WebLinkAbout98-037 RESOLUTION NO. 98. 37
A RESOLUTION TO AUTHORIZE COUNTY STAFF TO PREPARE AND PRESENT
LEGISLATION FOR THE MODIFICATION OF CURRENT ARIZONA LAW APPLICABLE
TO COUNTY RIGHTS-OF-WAYS AND/OR HIGHWAYS FOR WHICH A FORMAL
DEDICATION OR FORMAL EASEMENT FOR RIGHT-OF-WAY HAS NOT BEEN
PREVIOUSLY OBTAINED.
WHEREAS, in the past Public Roads and County Highways have been laid out, constructed,
and maintained over and on property for which a formal dedication or formal easement for right-of-
way had not been obtained,
WHEREAS, these Public Roads and County Highways have been maintained, traveled over
and used by the public, some for many years, and have been used for the general good, health and
benefit of the public,
WltEREAS, the County and public has in the past relied on the Arizona Common law rule of
Prescription and statutory law and case decisions to claim the right to continue to use, improve and
maintain a Public Road or County Highway over these properties for which a formal dedication or
easement had not been obtained,
WHEREAS, the Arizona Supreme Court has ruled against the creation of public highways by
prescription,
WHEREAS, the Constitution of the State of Arizona prohibits the taking of private property
for public use without just compensation,
WHEREAS, it is the position of the County that when determining the fair market value of
land taken for Public Road or County Highway purposes that the public funds used to construct and/or
maintain that road over the life of the roadway be deducted from the property's value beginning as of
the date the road was initially established,
WHEREAS, it is the position of the County that the cost derived for establishing a road and
related improvements should be considered a compensatory benefit which offsets the amount of
compensation paid to those from whom rights-of-way is obtained,
WltEREAS, it is the position of the County that for any Public Road or County Highway, used
and maintained by the County for benefit and use by the public for a period often (10) years, the value
to and use of that road by the property it travels over and through should be considered just
compensation for its taking.
NOW THEREFORE, BE IT RESOLVED, that County staff including the Public Works
Director, together with the County Attorney, including the Deputy County Attorney assigned to Public
Works, are hereby authorized and requested to prepare and present legislation for the modification of
current Arizona law applicable to county rights-of-way and/or highways for which a formal dedication
or formal easement for rights-of-way has not been previously obtained to be keeping with the above
stated County positions.
Resolution No. 95~37
(page 2)
PASSED, APPROVED AND ADOPTED this 5th day of January, 1997.
MOHAVE COUNTY BOARD OF SUPERVISORS
Carol S. Anderson, Chairman
~Bo~d