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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…
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APPENDIX 6 | ROAD CONSTRUCTION NOTICE FORM
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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…
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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…
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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…
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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…
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APPENDIX 5 | STATEMENT FORMS
The County RS 2477 Affidavit is designed to collect statements from county employees. The Resident RS 2477 affidavit is designed to collect statements from ordinary citizens.
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APPENDIX 4 | RS-2477 Right-Of-Way INVENTORY WORKSHEET
The RS 2477 inventory worksheet is used to document an RS 2477 right of way and should be filed in the County recorders office.
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REVISED STATUTES 2477 RIGHTS-OF-WAY SETTLEMENT ACT
(AS REPORTED TO THE SENATE) Note: The original language of the bill was struck by the committee and the bill reported to the Senate contained only the last sentence, printed in italic. S 1425 RS 104th CONGRESS 2d Session [Report No. 104-261] To recognize the validity of rights-of-way granted under section 2477 of the Revised…