Cave Creek Voted to Keep 4,005 Acres Open. The Auction Comes Next.

Cave Creek voters approved Proposition 440, but the town does not own the 4,005 acres yet. What the vote created is a revenue stream. Starting January 1, 2027, the town collects an extra quarter-cent on taxable sales, and that money can be spent on one thing only. The land itself still goes through the Arizona State Land Department, which sells trust parcels like these at public auction. The minimum bid at that auction will come from an appraisal that hasn't been done yet.

So the hard part comes after the vote. The real test is the next year of surveys, studies and appraisal work.

What the Count Showed

As of its November 6 update, Maricopa County's unofficial election results showed Prop 440 passing with 2,017 yes votes, or 63.65%, against 1,152 no votes. The county reported 3,369 ballots cast in the town, a turnout of 78.09%. According to the Arizona Secretary of State's election calendar, the deadline for the Board of Supervisors to canvass is November 19, and the statewide canvass follows on November 23.

The measure got to the ballot through a signature drive, not a council referral. The Foothills Focus reported as much before the election. That origin explains the measure's design. A town task force had earlier worked out a different way to pay for the land, and the initiative went another way.

The Quarter-Cent and Its Limits

Under the ballot text printed in the Town of Cave Creek publicity pamphlet, Prop 440 adds a 0.25% sales tax, which comes to 1 cent for every $4 spent, on top of existing sales taxes. One pre-election quote circulated a 0.025% figure. The legal text says 0.25%. The town's September 2025 retail rate schedule lists Cave Creek's municipal retail rate at 3.00%, so the town's share of the tax moves to 3.25% starting January 1, 2027.

The restrictions in the measure matter more than the rate:

• The money can go only toward buying State Trust land zoned Open Space Recreation or Open Space Conservation inside town limits.
• It can't pay for planning, maintenance or operations.
• The tax ends after 25 years or once enough has been collected to cover the purchases, whichever comes first.

In practice, the tax pays for the land and nothing built on it. The ballot language quoted by The Foothills Focus spells out what the land is for:

"to protect in perpetuity natural living desert and mountains to maintain scenic views, as a habitat for wildlife and desert plants; to protect archaeological and historical resources and sites, while providing appropriate public access for educational purposes; and to provide limited outdoor recreational opportunities for residents and visitors."

That same text says the land "will be left in as pristine a state as possible" and will not contain traditional park facilities in all areas. The vote was about keeping the desert from being developed. It wasn't about building a new park.

Why Winning the Vote Isn't Owning the Land

The State Land Department's FAQ says trust parcels that are ready for sale must be sold at public auction, the minimum bid is the appraised value, and bidding continues until there is a winning bidder. Getting a parcel to auction starts with a $2,000 purchase application. ASLD's applications page lists its requirements, including a notarized certification, a parcel map, confirmation of access, and confirmation that the planned use fits local zoning.

The town already has an application in with ASLD. The September 15, 2026 council minutes record an update from Development Services Director Luke Kautzman and former Maricopa County Parks Director R.J. Cardin on the town's effort to acquire 405 acres of State Trust land for conservation, and they lay out the order of steps:

1. The town filed its application with ASLD shortly after the council's March 31, 2026 meeting, and ASLD has finished its first staff review.
2. ASLD asked for more biological, cultural and environmental studies. Logan Simpson is preparing them, and they were in draft as of September.
3. The Ever Allen Group is doing ALTA surveys and title work, expected to be done in December 2026.
4. The town and ASLD are identifying future rights-of-way so that neighboring state parcels slated for future residential development keep legal access.
5. Once everything is uploaded, ASLD runs its due-diligence review and orders a new appraisal.

Step four will interest anyone who lives near that land. The conservation acreage in this application sits next to trust land planned for future homes, and the access routes for that land are being drawn now, as part of the same process.

The 4,005 Acres of Open Space campaign site, which carries the town's branding, estimates the auction for late 2027 and puts its value around $16 million, based on appraisals so far. The town's open space task force came in lower, estimating the land itself at $13.3 million. Its $16 million high-end figure added financing costs and a secondary property tax election, and the task force noted that the actual cost depends on the updated appraisal and the auction. The $2.7 million gap between those numbers is the range the new appraisal will settle.

Who Was Supposed to Buy Which Parcels

The task force report never had the town buying all 4,005 acres alone. It recommended a joint purchase with Maricopa County Parks and Recreation and Desert Foothills Land Trust, with each partner taking parcels near land it already manages:

The task force expected to cover the town's $7.8 million share with several sources: the Open Space Fund, projected at $2.5 million by mid-2026; $140,000 already held by the nonprofit FORCE; $1.5 million in federal matching funds; an estimated $2 million in private donations; and $1.66 million in non-reserved town funds. To repay any borrowing, its financing section modeled a secondary property tax. Prop 440 replaced that idea with a sales tax.

The report also sets a deadline. Under the current agreement, the partners have 14 years to complete the acquisition and must buy at least 160 acres in the first four. The county's role isn't settled. At the September meeting, Cardin described a September 7 session with the county manager, the assistant county manager, the parks director and Supervisor McGee. County leadership said it was willing to partner once the elections and budget questions settle.

Desert Foothills Land Trust has bought land from the state before. Its Jewel of the Creek Preserve page records a 2001 purchase of the 26-acre property from ASLD under the Arizona Preserve Initiative. That deal was 26 acres. This one is more than 150 times larger.

Where the 4,005 Acres Actually Are

The acreage isn't one block. The Foothills Focus listed a dozen parcels ranging from 20 to 660 acres. Grouped by the landmarks residents already know:

• Around Spur Cross Ranch Conservation Area: 660 acres at Willow Springs, adjoining Spur Cross and School House Road; 460 acres of Rogers Wash south of Spur Cross; and 80 acres near Cahava Springs and Spur Cross.
• Rogers Wash, west side: two parcels east of New River, at 460 and 500 acres, plus 380 acres north of 26th Street and west of Cahava Springs.
• Around Cave Creek Regional Park: two parcels north of the park, at 260 and 240 acres; 20 acres in Apache Wash at the rodeo grounds; 320 acres in Apache Wash west of the park near the rodeo grounds; 400 acres west of the park near the rodeo grounds; and 225 acres west of the park near 52nd Street.

The parcels group around Spur Cross and Cave Creek Regional Park, which explains the split in the task force plan. The county takes what borders its park, and the town takes the Willow Springs and Rogers Wash land around Spur Cross and to the west.

Walking It Before the Auction

Until it's sold, this acreage remains State Trust land. ASLD requires a recreational permit for general recreation on trust land, $15 for an individual or $20 for a family. The permit covers hiking, horseback riding and bicycling, subject to closures and restrictions. Supporters wrote in the ballot pamphlet that existing public trails would be preserved, and the task force report describes possible trail links between the parcel areas. Because Prop 440 money can't pay for planning or maintenance, any new trail work would need other funding.

Where Private Money Fits

Every dollar donated before the auction is a dollar the town doesn't have to borrow. The campaign site reports $139,657 donated so far. Gifts are pooled toward the overall purchase and aren't assigned to individual parcels. Checks go to the Cave Creek Land Acquisition Account at PO Box 125, Cave Creek, AZ 85327, or can be dropped off at Desert Foothills Land Trust's office on Sidewinder Road. The task force had proposed giving levels named for local plants and animals, from Palo Verde at $40 to Mountain Lion at $400,000, and naming rights for donors large enough to fund an individual parcel. The report also noted that the federal Land and Water Conservation Fund can provide up to 50% of the cost when a municipality buys new land.

This post is general information about a public ballot measure. It isn't legal, tax or financial advice. If you're considering a donation or wondering how the new rate affects you, check your own situation with a qualified professional.

Open space that's protected next to a property, and trust land nearby that's slated for future homes, can both affect what that property is worth. If you'd like to talk through how the Prop 440 parcels and the coming appraisal relate to a home you own or are considering in Cave Creek, Allison Cahill offers confidential consultations.