The Federal Court has cited a case from Wyoming called the Hatch vs Black case where it was ruled that a pack train trail was a public right of way.
In Bishop vs Hawley, it was held that such rights of way are 100 feet wide and are livestock driveways also.
The route was established by travel by the public, over public land. It does not have to be an improved road nor must it be recorded. All subsequent land titles are subject to the 1866 law.
Present landowners cannot be deprived of what was never theirs in the first place.
Thenks for the info. Looks like this is a case where their wa s actually proof of prior use. I'm hoping you aren't claimng that ranchers have to prove that there was never prior use. That would certainly turn the Constitution upside down.