Author: admin

  • STATE OF ALASKA COMMENTS ON PROPOSED RULES REVISED STATUTES 2477 RIGHTS-OF-WAY

    Published at 59 Fed.Reg. 49216 et seq. (August 1, 1994) Summary of the State’s Position: The Department of Interior should not develop regulations or other administrative procedures to manage rights-of-way validly acquired pursuant to RS 2477. The Department has no authority to manage RS 2477 rights-of-way since the right-of-way easement is not federally owned. The […]

  • EXCERPT FROM AN ACTION ALERT ISSUED BY THE COALITION TO PROTECT PUBLIC ACCESS RIGHTS SEPTEMBER, 1993

    BACKGROUND ON THE RS 2477 ISSUE In 1866 the federal government adopted a law granting transportation rights-of-way, which are recognized as property right, for roads and trails across the vast public lands of the western territories. These rights-of-way were automatically granted when a transportation route was established for public travel under state law. Congress enacted […]

  • APPENDIX 6 | ROAD CONSTRUCTION NOTICE FORM

    (To print a copy of this form press “print” on your browser) NOTICE OF ROAD CONSTRUCTION ACTIVITIES _________________County will be conducting road work activities on _________________________road, which is located ________________________________________________________________________________________________________________________________________________. The road work will commence on ____________________________and is expected to take ______________. This work will include the following tasks: ______________________________________________________________________________________________________________________________________________________________________________________________________________________ Records regarding the existence of […]

  • REVISED STATUES 2477 RIGHTS-OF-WAY SETTLEMENT ACT (AS INTRODUCED)

    (Note: This is the version of the bill introduced in the Senate. Click here for the version reported by the Committee.) 104th CONGRESS 1st Session S. 1425 To recognize the validity of rights-of-way granted under section 2477 of the Revised Statutes, and for other purposes. IN THE SENATE OF THE UNITED STATES November 27, 1995 […]

  • Q&A TO BARBARA HJELLE, SPECIAL COUNSEL FOR ENVIRONMENTAL ISSUES FOR WASHINGTON AND GARFIELD COUNTIES, UTAH

    NOTE: Ms. Barbara Hjelle is one of the nation’s foremost legal experts on the RS 2477 issue. She serves as the lead attorney on the Burr Trail Road case, the major recent precedent setting a legal challenge to public access, and has been a consultant to numerous policymakers at all levels of government. These questions […]

  • Pacific Legal Foundation Amicus Brief Opposing Rehearing In Schultz v. Department of the Army

    Note: The Shultz Case, along with the several decisions on the Burr Trail Road, is one of the most significant of the recent legal actions on 2477 issues. This memorandum touches on some of the key findings in that case and summarizes some of the significant precedents. On Appeal from the United States District Court […]

  • A BRIEF HISTORY OF THE RECENT BURR TRAIL ROAD | (BOULDER-TO-BULLFROG ROAD) CONTROVERSY

    The Boulder-to-Bullfrog Road, also known as the Burr Trail Road, is a major collector road and the only significant East/West travel corridor across the eastern part of Garfield County, Utah. The Road runs through 66 miles of federally-owned land from Boulder, Utah, to the Bullfrog Basin Marina of Lake Powell. Since the 1800s, the Road […]

  • NOTICE OF ROAD CONSTRUCTION ACTIVITIES

    NOTICE OF ROAD CONSTRUCTION ACTIVITIES _________________County will be conducting road work activities on _________________________ road, which is located________________________________________________________________ ________________________________________________________________________________. The road work will commence on ____________________________and is expected to take ______________. This work will include the following tasks:______________________________________________________________________________________________________________________________________________________________________________________________________________________ Records regarding the existence of this right-of-way are available at county offices. Landowners may object to the County’s […]

  • SETTLED PRECEDENT ON R.S. 2477 | QUOTES FROM COURT DECISIONS AND LEGISLATIVE HISTORY

    Revised Statutes 2477 (R.S. 2477) states, in its entirety: “Sec. 8. And be it further enacted, That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.” 8 of the Act of July 26, 1866, 14 Stat. 253, later codified at 43 U.S.C. 932. This […]

  • APPENDIX 5 | STATEMENT FORMS

    APPENDIX 5 STATEMENT FORMS (For a printed copy of these forms push “print” on your browser) AFFIDAVIT OF__________________________ STATE OF UTAH ss. COUNTY OF ______________ __________________________, being duly sworn upon oath, deposes and says: I was/have been a _________________________[commissioner, engineer, etc.] for _______________County from ___________________to ___________. During that time period I was/have been personally familiar […]