§ 33-2401 — Access to private property

A. Notwithstanding any other law, reasonable access to private property shall not be denied by this state or any political subdivision of this state.

B. If an owner's private property is surrounded by land owned by this state or any political subdivision of this state, the owner of the private property may request a nonexclusive right-of-way for a term of at least thirty years from this state or any political subdivision of this state to legally access the owner's private property at the owner's discretion.

C. This state or any political subdivision of this state shall grant a nonexclusive right-of-way for a term of at least thirty years to the owner of private property if the grant of the right-of-way is for the purpose of providing legal access to the owner's private property to which access across land owned by this state or any political subdivision of this state is necessary because land owned by this state or any political subdivision of this state surrounds the private property.

D. Following reasonable consultation with the owner of the private property, this state or any political subdivision of this state shall determine the appropriate location and width of the right-of-way to be granted and may relocate the right-of-way after the grant at the discretion of this state or the political subdivision of this state.

E. If the right-of-way has been in use by the private property owner and new road construction is not necessary to provide legal access to the private property, this state is not required to comply with sections 41-861, 41-862 and 41-864.

F. A right-of-way granted pursuant to this section shall be granted according to the constitution and laws of this state and the rules adopted by a state agency, as applicable.