History on Road Access for OBCH

The following explains chain of custody for OBCH as public access to Route 69 and 169 from Humboldt.

How State Law would apply: Arizona State Statue: 28-7041. State highways and routes defined – https://www.azleg.gov/ars/28/07041.htm (see #C below)

A. The state highways, to be known as state routes, consist of the highways declared before August 12, 1927 to be state highways, under authority of law, that the board, after receipt of a recommendation from the director, may add to, abandon or change. If the board proceeds contrary to the recommendations of the director, it shall file a written report with the governor stating the reasons for the action.

B. The state highways consist of the parts of the state routes designated and accepted as state highways by the board. A highway that has not been designated as a state route shall not become a state highway and any portion of a state route shall not become a state highway until it has been specifically designated and accepted by the board as a state highway and ordered to be constructed and improved.

C. All highways, roads or streets that have been constructed, laid out, opened, established or maintained for ten years or more by the state or an agency or political subdivision of the state before January 1, 1960 and that have been used continuously by the public as thoroughfares for free travel and passage for ten years or more are declared public highways, regardless of an error, defect or omission in the proceeding or failure to act to establish those highways, roads or streets or in recording the proceedings.

How Federal Law would apply: RS 2477 https://en.wikipedia.org/wiki/Revised_statute_2477

Here is a survey map from before 1960 (10-29-1927) that shows Old Black Canyon Highway in existence: https://glorecords.blm.gov/details/survey/default.aspx?dm_id=113974&sid=3wtzupo3.rn2#surveyDetailsTabIndex=1

The following letter was received by the editor explaining chain of custody for OBCH and problems with condemnation of private property in the area:

**Update 11-4-2025 – Mr. Bartol has accepted the offer from the town to keep them from taking it, see town meeting https://dhaz.granicus.com/player/clip/2513?view_id=2&redirect=true There should be a final deal voted by council soon.