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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…
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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…
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TEN ESSENTIAL POINTS CONCERNING R.S. 2477 RIGHTS-OF-WAY
I. UNDER R.S. 2477 CONGRESS OFFERED A SELF-EXECUTING GRANT OF RIGHTS-OF-WAY. 3 II. PERFECTED R.S. 2477 RIGHTS#2 VESTED AS PROPERTY RIGHTS. 5 III. STATE LAW PROVIDES THE BASIS FOR DETERMINATION OF THE EXISTENCE AND SCOPE OF R.S. 2477 RIGHTS-OF-WAY. 6 IV. ALL VALID EXISTING R.S. 2477 RIGHTS-OF-WAY WERE PERFECTED NO LATER THAN THE REPEAL OF…