That is not what was happening!! The counties were cutting fences and grading roads where no one had been in fifty years claiming it was a legit right of way. Current rules say they need to prove it had been in continuous usage for a period of ten years prior to the grading, other wise there was no road and no right of way. And that is also what the court says.
And A public good is not a trail riding road for 4 wheeler hobbyists.
The reason for the mining road law was access to the land. Four wheelers use that access.
However, since “wilderness” is also a “hobby”, or more accurately either a stalking horse for enviro-socialism or a place where ‘nature worshipers’ want the gooberment to buy a church they feel they are entitled to so that they can worship ‘wilderness’ as they see fit.
The “Church of the Holy Wild” is OK until the whacko adherents want the gooberment to put money into their form of worship.
Yes, we agree that is the opinion of the court and that is being appealed.
And A public good is not a trail riding road for 4 wheeler hobbyists.
An opinion that is quite revealing and legally inaccurate. Your dislike of 4 wheeler hobbyists not withstanding (and no, I'm not one), does not change the fact that right of ways are in the public interest regardless of mode or reason of travel.
Using your logic a hiking trail in Zions NP for hiking hobbyists is not a public good.
balderdash.