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  • APPENDIX 1 | R.S. 2477 LEGAL PRINCIPLES

    Background To further settlement of the West, Congress, on July 26, 1866, passed, as part of the Mining Act of 1866, Revised Statutes 2477 (“R.S. 2477”). This statute, although now repealed and 129 years old, still applies to rights-of-way established over federal lands. R.S. 2477 states, in its entirety: “Sec. 8. And be it further…

  • COMMENTS ON R.S. 2477 SETTLEMENT ACT (S. 1425)

    DELIVERED MARCH 14,1966 BEFORE THE SENATE ENERGY AND NATURAL RESOURCES COMMITTEE BY MS. BARBARA HJELLE, SPECIAL COUNSEL TO WASHINGTON AND GARFIELD (UTAH) COUNTIES NOTE: Barbara Hjelle is one of the most experienced and knowledgeable attorneys in the country on RS 2477 issues. In her testimony, she not only gives a clear explanation of what S.…

  • Arizona Attorney General Mark Bronovich opinion on RS2477 right-of-way

    Attorney General Mark Brnovich Date Posted Friday, July 21, 2017 Opinion Number I17-005 (R15-014) Regarding Revised Statute 2477 rights-of-way I17-005.pdf 67.08 KB To: Representative Mark FinchemArizona House of Representatives Questions Presented Does Arizona Revised Statutes § 37-931 authorize officers and employees of the State of Arizona and its political subdivisions to use, access, maintain, and…

  • COMMENTS OF THE HON. WILLIAM H. ORTON (UTAH) AND THE HON. DON YOUNG (ALASKA) ON THE CRS REPORT ON R.S. 2477 RIGHTS OF WAY

    On January 15, 1993, the American Law Division of the Congressional Research Service released a report entitled Highway Rights of Way: The Controversy Over Claims Under R.S. 2477(1). The opening paragraph of the Report summarizes the issues of concern: In 1866, Congress enacted a grant of rights of way over unreserved public lands for the “construction…

  • RS 2477 County Handbook

    Table Of Contents R.S. 2477 Overview Why 2477 rights-of-way are vital to counties, a summary of the Interior’s proposed regulations, and the pending Congressional legislation. Also an action checklist for counties. Right-of-way Inventory Determining, identifying, and documenting 2477 rights-of-way. Maintenance and Construction, Kowing your rights, prioritizing projects, notice, responding to objections, and going to work.…

  • TEXT OF INTERIOR SECRETARY DONALD HODEL’ S 1988 MEMO ON RS 2477

    This is the text of the memorandum approved by Interior Secretary Donald Hodel in 1988. It is significant for two reasons. First, it summarizes the status of RS 2477 interactions with the public lands states and counties and reflects both past administrative actions and many court decisions. Second, as such, it illustrates how extreme the…

  • Common RS 2477 myths refuted

    Opponents of public access to the public lands–primarily environmental activists but also some federal bureaucrats who find RS 2477 rights-of-way “inconvenient”–are actively spreading myths and misinformation about RS 2477. Some of the most common are reproduced here along with the truth.

  • An RS 2477 Primer | A brief analysis of a one sentence law

    RS 2477 (which is an abbreviation of “Revised Statutes 2477”) was passed in 1866 and is a very short law, only one sentence long. It states, in its entirety, that “the right-of-way for the construction of highways over public lands, not reserved for public uses, is hereby granted.” Defining some of the terms and phrases…

  • DRAFT 2477 REGULATIONS: A BRIEF BACKGROUND AND AN INTRODUCTION TO SOME OF THE BEST COMMENTARIES ON THEM

    DRAFT 2477 REGULATIONS: A BRIEF BACKGROUND AND AN INTRODUCTION TO SOME OF THE BEST COMMENTARIES ON THEM

    Until recently, RS 2477 rights-of-way were not a particularly controversial area of public land management. Throughout most of the first century during which these rights-of-way were granted and managed, federal land managers and local governments generally had a very cooperative working relationship. That began to change in the early l980’s when several special interest groups…

  • A brief explanation of RS 2477

    A brief explanation of RS 2477

    RS 2477 is a statute adopted in 1866 to facilitate the settlement of the West by encouraging the development of a system of roads and trails. The name “RS 2477” is an abbreviation of “Revised Statute 2477.” That name, in turn, comes from the placement of the original law in a reorganized version of the…