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In any event, FLPMA in 1976 stopped any additional rights of way from being created by public use after that date.
It could not, however, stop public rights of way that had already been established through use. One cannot repeal a law under which historic rights have already vested.
2 marsh2

Good points, except that who do you believe when one guy says there was a road 150 years ago and another guy says there wasn't?
And everybody who was alive to be a witness is dead, and there weren't satellites or aerial photos in the 1860's, and maps were crappy and not very accurate or didn't even show roads.
I think that's why the burden of proof is on the person claiming a right of way to prove the road was there. If they can't prove it was there, then no easement. Otherwise anybody could go anywhere and just say "there was road here 150 years ago".
3 stop_rs2477

Who to believe? -- Believe geography. 150 year old trails followed natural routes, 'roads' that could not be blocked just because someone homesteaded or purchased the surrounding property.

That's why the burden of proof is on the person denying a right of way. We have a presumption of liberty, - to travel, to pass by, - under our Constitution.
Acquiring property does not give you the power to unreasonably deny access to a long established right of way.

" Acquiring property does not give you the power to unreasonably deny access to a long established right of way."

But most of the disputed cases don't involve established right of ways. They involve allegations that haven't been proven. That's why the courts have consistently put the burden of proof on the trespasser.