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Recognition of R.S. 2477 Rights-of-Way under the Department of the Interior’s FLPMA Disclaimer Rules and Its Memorandum of Understanding with the State of Utah, B-300912, February 6, 2004
The Honorable Jeff Bingaman Ranking Minority Member Committee on Energy and Natural Resources United States Senate Subject: Recognition of R.S. 2477 Rights-of-Way under the Department of the Interior’s FLPMA Disclaimer Rules and Its Memorandum of Understanding with the State of Utah Dear Senator Bingaman: This responds to your request for our opinion on actions by…
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Excerpts From Judge Sam’s Preliminary Decision
Prepared By The Western Counties’ Resources Policy Institute Background In the fall of 1996, the BLM sued three Utah counties, Garfield, Kane and San Juan, to try to stop them from doing traditional road maintenance activities on RS 2477 roads over BLM-managed land. It was widely recognized that these suits were filed by the government…
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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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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…
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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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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…