The State Trust Land next to Tatum Ranch
West of Tatum Ranch, mile after mile of untouched Sonoran Desert runs up against the community, most of it Arizona State Trust Land. It is some of the most scenic, closest-to-home desert in the North Valley, and it comes with a legal reality worth understanding: this land exists to generate revenue for Arizona's public schools, and state law requires it to eventually be sold or leased for that purpose, not preserved as permanent open space.
- Arizona State Land Department
- land.az.gov, (602) 542-4631
- Recreational permits
- Purchase online at land.az.gov/applications-permits
- Town of Cave Creek Open Space Initiative
- cavecreekaz.gov
What State Trust Land actually is
Arizona became a state in 1912 under the Arizona-New Mexico Enabling Act of 1910, which granted the new state roughly 10.9 million acres of federal land to hold in trust, not to keep for its own use, but to manage for the benefit of specific institutions named in the act. The Arizona Constitution locked in the same arrangement. Today the Arizona State Land Department manages about 9.2 million acres of that original grant, still held in trust for 13 beneficiaries.
- About 8 million of the 9.2 million acres benefit Arizona's K-12 public schools (the Common Schools trust).
- The remaining acreage benefits universities (ASU, NAU, and the University of Arizona through the Board of Regents), the Arizona State Hospital, the School for the Deaf and Blind, and several other state institutions.
- The Land Department does not own this land the way a private landowner does. It is a trustee with a legal duty to the beneficiaries, most often described as a fiduciary duty.
Source: Arizona State Land Department, land.az.gov/about
Why this land can legally be sold
Because the Land Department's job is to generate revenue for the trust, not to preserve land, state law requires it to sell or lease trust parcels at or above fair market value, and any sale has to happen through a public auction open to the highest bidder. In FY 2024 alone, trust land sales, leases, and royalties generated roughly $361.6 million for beneficiaries; the prior year generated about $444 million, with the large majority ultimately reaching Arizona's K-12 schools.
- Arizona Revised Statutes Title 37 governs the process, including the public auction requirement in A.R.S. section 37-236.
- A parcel typically moves through conceptual planning, a five-year disposition plan, site studies, and an appraisal before it can be auctioned, a process that commonly takes about two years or longer.
- There is no mechanism in Arizona law for the Land Department to simply set trust land aside as permanent open space on its own. Preservation happens only if a city, county, or conservation buyer purchases the land outright or the legislature acts.
Source: Arizona Revised Statutes Title 37; Arizona State Land Department FY 2024 Annual Report
The land next to Tatum Ranch
The desert to the west of Tatum Ranch, some of it part of the Phoenix Sonoran Preserve, is State Trust Land under this same system. Its beauty is real: saguaro-covered ridgelines, open sightlines to the McDowell Mountains and Black Mountain, and a quiet that is getting harder to find close to central Phoenix. The Town of Cave Creek has taken the legal reality seriously enough to act on it, running an Open Space Initiative aimed at acquiring roughly 4,005 acres of nearby State Trust Land for permanent conservation rather than leaving its future to a future auction.
- None of this land is guaranteed to stay undeveloped. It can legally be sold at public auction to any qualified bidder, residential builders included.
- Cave Creek's own open space effort is the clearest local evidence that this is treated as a live possibility, not a hypothetical.
- Buyers who value the current desert views nearby should treat them as a present amenity, not a permanent guarantee, and can follow ASLD's disposition notices at land.az.gov/reports-notices for any specific parcel.
Source: Town of Cave Creek, cavecreekaz.gov/838/Preserving-4005-Acres-of-Open-Space
How to legally hike, ride, or explore it
State Trust Land is not open public land the way a national forest is. Arizona law requires a recreational permit for almost any use, hiking included, and rangers and Land Department staff do check.
- Individual annual recreational permit: $15.
- Family annual recreational permit (two adults and children under 18): $20.
- Small group permit (fewer than 20 people, under five days): $15.
- Special Land Use Permit for groups over 20 people or competitive events: $300.
- Permits are purchased online at land.az.gov/applications-permits and should be carried with you on the land.
Source: Arizona State Land Department, land.az.gov/applications-permits
Common questions
Is the desert next to Tatum Ranch protected open space?
No, not automatically. Most of it is Arizona State Trust Land, which state law requires the Land Department to manage for revenue, including eventual sale at public auction if a disposition plan moves forward. Some acreage falls inside the Phoenix Sonoran Preserve or has been purchased outright by a municipality for conservation, but unpurchased trust land carries no automatic protection.
Do I need a permit to hike on State Trust Land near Tatum Ranch?
Yes. Arizona requires a recreational permit for use of State Trust Land, currently $15 for an individual annual permit or $20 for a family annual permit, purchased online at land.az.gov/applications-permits.
Could the State Trust Land near Tatum Ranch be sold and developed?
It could be, under the same public auction process that applies to all Arizona State Trust Land. Whether or when that happens to any specific parcel depends on the Land Department's disposition planning, which is public information at land.az.gov/reports-notices. This page does not predict a timeline for any parcel.
Why does Arizona sell state land instead of keeping it as parks?
Because the land was granted to Arizona at statehood specifically to fund public institutions, mostly K-12 education, not to serve as parkland. The Land Department has a fiduciary duty to generate revenue for those beneficiaries, and Arizona Revised Statutes Title 37 requires that sales happen through public auction at or above appraised value.
Thinking about buying near this desert edge, or curious what a specific parcel's status is?
Jon Hegreness, REALTOR / Associate Broker, Howe Realty. 9059 W Lake Pleasant Pkwy, B-200, Peoria, AZ 85382. (623) 826-0888. JonHegreness@gmail.com. License BR540940000. tatumranchhomesforsale.com.
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