Kane County has achieved what is believed to be the first concession in Utah of the federal government agreeing to grant rights-of-way to a disputed road that crosses federal land. The court stipulated change allows the county to assert control and access over 27 miles of the 33-mile Skutumpah road, a road leading to Cannonville within boundaries of the Grand Staircase-Escalante National Monument. The victory comes as a result of a stipulation made by Department of Justice attorneys that could pave the way to resolve such disputes through negotiation, rather than litigation. State Representative Mike Noel (R-Kanab) said this shows that the process can b simple and easy if the federal government cooperates in cases like these where you have roads that are easily determined to be the roads used and maintained within the county. RS 2477 public highway rights-of-way were granted to states and counties from 1866 to 1976 to facilitate the settlement of the West. The Federal Land Policy and Management Act of 1976 repealed the statute but established "RS 2477" roads were grandfathered as valid existing rights-of-way...more
Wednesday, September 01, 2010
Kane County Wins First RS 2477 Road
Kane County has achieved what is believed to be the first concession in Utah of the federal government agreeing to grant rights-of-way to a disputed road that crosses federal land. The court stipulated change allows the county to assert control and access over 27 miles of the 33-mile Skutumpah road, a road leading to Cannonville within boundaries of the Grand Staircase-Escalante National Monument. The victory comes as a result of a stipulation made by Department of Justice attorneys that could pave the way to resolve such disputes through negotiation, rather than litigation. State Representative Mike Noel (R-Kanab) said this shows that the process can b simple and easy if the federal government cooperates in cases like these where you have roads that are easily determined to be the roads used and maintained within the county. RS 2477 public highway rights-of-way were granted to states and counties from 1866 to 1976 to facilitate the settlement of the West. The Federal Land Policy and Management Act of 1976 repealed the statute but established "RS 2477" roads were grandfathered as valid existing rights-of-way...more
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2 comments:
This is a first step to get our lands back and the right to cross them according to the law on roads that were in existence prior to 1976. I say yipee for Kane county. The real problem with this law is that it is only 26 words long and the feds can't understand it.
The real problem with this law is that it is only 26 words long and the feds can't understand it.
Excellent!
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