Frequently Asked Questions (FAQs)
What is a Right of Way?
A right of way is a right or privilege granted by the Commissioner to pass over, upon, through or across a defined area of trust lands for a prescribed purpose and time. This Right of Way can be issued as a road, pipeline, telecommunication or electrical.
How do I obtain a Right of Way easement?
We can send you an application form and a copy of the State Land Office Rule. There is a $175.00 nonrefundable application fee ($100 application fee/$75.00 appraisal fee). Along with the fee, you are required to submit a certified survey plat.
How much is a right of way?
The fee is determined by the actual rods (16.5 linear feet) and the type of right of way fee schedule:
How long will it take to have my application approved?
If the application is accurate and complete with a survey plat, your Right of Way may be issued within 3 – 4 weeks.
Why do I have to get a permit to use State Park Land if it is already public land?
The land is declared public because the income from its resources is applied to the public good. By statute and constitution, the State Land Office must manage state trust land so the 22 Beneficiary Institutions of public schools, universities and hospitals receive income from the trust.
How can I get a permit for a water well?
If the location of the proposed well is on state trust land, contact the Surface Resources Division at 505-827-5789. Water issues are handled by the
Office of the State Engineer Water Rights Division, 505-827-6120.
Can I get a temporary access permit to dig up yucca or landscaping rock on state land?
Right of Entry (ROE) permits may be issued based on the fee schedule. Yuccas and landscaping rock for personal use may require a temporary right of way (ROE) permit, while large quantities to sell for profit will require an approved business lease. Ground disturbance may require an archeological survey. ROEs range in length from one day to 180 days. The normal rate is a $30 filing fee and $500 administrative or permit fee. In all cases, a legal description of the area must be submitted with a right of entry request form.