Posted on 07/28/2014 11:12:06 AM PDT by george76
A federal judge handed a landmark victory to Kane County and the state of Utah on Wednesday in a years-long dispute with the federal government over whether some rural routes should remain in use as roads, or if they should be closed to the public.
In two decisions, U.S. District Judge Clark Waddoups found he had jurisdiction to hear Kane County's claim, gave parameters for "reasonable" right-of-way widths on some routes and determined that 12 of 15 routes in dispute were roads and therefore accessible by the public.
The distinction hinged on an 1866 law through which Congress sought to encourage development by allowing local jurisdictions to manage routes across public lands; the law was repealed in 1976 by Revised Statute 2477.
With the revision, Congress retained most remaining public lands and created the Bureau of Land Management. Pre-existing claims, however, were grandfathered in and considered valid as long as entities moved to claim them within a 12-year time frame. Waddoups determined that Kane County did so.
Kane County Commission Chairman Doug Heaton said Thursday the ruling vindicates the county in its fight to continue to travel what he described as historic thoroughfares.
"We're confident the judge took great pains to get it right," he said. "We're excited the court has ruled in our favor."
Utah Gov. Gary Herbert and Attorney General John Swallow also hailed the decision, which Swallow said shows "these historic public roads have and will continue to belong to the people of Utah."
...
The state and 22 of Utah's 29 counties have filed more than 20 lawsuits laying claim to more than 12,000 rights-of-way on public land.
(Excerpt) Read more at sltrib.com ...
Control of rural roads that run across public land, if it is public land held by the federal government, should be under state and local control - with states and localities having final say so, as long as the “public entity” across whose land the road passes is consulted - just consulted, not asked for permission. ONLY a “national security” cause should provide an exemption to the federal government, and NOT merely that a federal agency simply wants control.
RS 2477 is a simple and straightforward law. : “The right-of-way for the construction of highways across public lands not reserved for public purposes is hereby granted.”
Congress specifically and clearly reaffirmed the validity and intent of RS 2477 in 1976.
http://www.icmj.com/more_page.php?id=5&keywords=RS_2477_Roads_&_Rights-of-Way_(Summary)
I live in Utah. The Fed idiots love to overreach. Screw’em...riding free.
BFL!
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This decision should help to put an end to their unlawful “Motorized Travel Restrictions” in the national forests.
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They love to close public lands and old roads from the 1800s by designating an area as if Congress had acted, a study area, to save a fish / worm / bird, and other scams.
As long as they have a phone and pen, they will continue their unlawful “Motorized Travel Restrictions” in the national forests, blm, nps, and ...
Though it stills bugs me that we need a judge to decide what should never be in debate: The Feds have NO BUSINESS closing down these historic thoroughfares!
Back briefly. Thanks for the Ping!
Colorado Ouray County Commissioners also stood up for RS 2477 : trying to keep their roads open.
http://www.freerepublic.com/focus/f-news/3186050/posts
It is great news and agree about the Feds having no business closing down roads and lands.
Any ruling like this against the BLM, USFS or NPS is progress against their tyranny and more states should fight them on it.
FYI, like it says in the 1st post, this Article is from 2013
BLMs job is to drive people away from open spaces. People are unnatural in nature.
Yes, the article is from 2013, and the issue is still with us today and getting worse.
Note the current Colorado Ouray County has the same problem with UN Agenda 21 / RS 2477 / Feds.
http://www.freerepublic.com/focus/f-news/3186050/posts
The BLM and their pals [ think Harry Reid, his son, and the Chinese Communists ] are driving away long time users with senior water [ Bundy ] and other rights.
To build Chinese made solar panels [ kickback to .. ], or to help the Clinton Foundation & massage parlor by denying clean coal production in Utah [ The Kaiparowits Plateau contains the largest undeveloped coal field in the country .. This would have meant hundreds of jobs, new businesses, and millions of dollars in taxes and royalty revenues for cash-strapped local governments ] ... in trade for campaign cash from Lippo Group, the Riadys, or Indonesia ?
http://www.freerepublic.com/focus/news/2680452/posts
James Riady’s Friends
http://www.freerepublic.com/focus/news/724170/posts
Was that sourchasm? I sure hope so!!!
Good day, and may the Good Lord take a liken to ya! (Tennessee Ernie Ford)
OK, now I see what the problem was/is… The GovernMental EnvironMental idiots were/are bent on "ARRESTED DEVELOPMENT!!!"
They won't be happy till "Dances with Wolves" returns as a new "reality show!" They want the land ruled by nothing but savages and then they'll come swattin back in to deny the savages the right to ride beasts of burden across the land subject to their "ARRESTED DEVELOPMENT!!!"
Makes ya wonder how long till "Rails-to-Trails" replaces all AmTrack routes in the wild, wooly western USSA… (aka "flyover country")
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