Neal v. Brown

¶ 24 My colleagues in the majority create a new rule governing express easements reserved in federal land patents that changes the settled law. Because I believe the majority’s new rule misreads the actual language of the patent, misapplies existing law, fails to serve the purposes of the Small Tract Act, 43 U.S.C. § 682a (repealed 1976) (“STA” or “the Act”),4 and will work mischief with every tract of land that contains an STA reservation, I dissent.

¶ 25 The property at issue in this appeal is located on what is now East Skinner Drive in Cave Creek east of 56th Street between Dixileta Drive…