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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
By Barbara Hjelle This article originally appeared in the Journal of Energy, Natural Resources, & Environmental Law published by the University of Utah College of Law, Vol. 14, No.2 1994, pp. 301-322. 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. […]
Revised Statute 2477
“The Right-Of-Way for the construction of highways over public lands, not reserved for public use, is hereby granted.”
What is Revised Statue 2477?
It’s Your Fundamental Right-To-Way Across The Earth.
“The Right-Of-Way”
The Revised Statute 2477 Right Of Way is a human right granted by the U.S. Congress in 1866. It recognizes the fundamental right to travel across the Earth over unclaimed land. Part of the Mining Act of 1866, it allowed the construction of roads, trails, bridges, canals, railroads, and other recognizable paths known as “Highways.”
“For The Construction of Highways”
Construction of an RS2477 highway was established by repeatedly using the same path until a visible road was created. The courts have ruled that animal trails, foot paths, bridal ways, and other recognizable paths fall under the term “highway” and are RS2477 rights-of-way.
“Over Public Land, Not Reserved For Public Use,”
An RS2477 right-of-way must have been constructed on public lands that were not set aside as Wilderness, National Parks, Indian, or lands clamed under the various homestead and mining laws. Construction on an RS 2477 right-of-way must have began before the land was withdrawal from public entry.
“Is Hereby Granted.”
RS2477 was a grant that was authorized upon the passage of The Mining Act of 1865. It did not require authorization, documentation, or recognition of any kind.
How is Revised Statute 2477 a human right?
Rights are reserved in the inherent nature of a Right-Of-Way.
The Blacks Law Dictionary defines a Right-Of-Way as the following:
“The right of passage or of way is a servitude imposed by law or by convention, and by virtue of which one has a right to pass on foot, or horseback, or in a vehicle, to drive beasts of burden or carts, through the estate of another.”
Upon the declaration of Proclamation Line by King George III and the progression of the American Revolutionary War, the first Right-of-Way laws were passed in 1777 regarding railroads and navigable rivers. Unhappy with the Land Ordinance of 1785 and worried about western lands falling into the hands of a few wealthy landowners, The Mining Act was enacted alongside new homestead laws in 1866 encouraging western expansion from poor Colonialists and newly freed slaves. Among those laws was Revised Statute 2477.
Prominent individuals like George Henry Evans used the term “Vote Yourself A Farm” to encourage the passage of new homestead laws.
Does RS 2477 Still Apply?
Yes, the Federal Land Policy Management Act recognizes RS 2477 Rights-of-way.
FLPMA repealed the original RS 2477 statute, however, three separate sections of FLPMA recognized Revised Statute 2477 Rights-Of-Way as valid and declared they shall remain so.
The Federal Land Policy Management Act of 1976 (FLPMA) states:
“Nothing in this Act, or in any amendment made by this Act, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on the date of approval of this act.”
FLPMA 701(a), 43 U.S.C. 1701 note (a).
“All actions by the Secretary concerned under this Act shall be subject to valid existing rights.”
FLPMA 701(h), 43 U.S.C. 1701 note (h).
“Nothing in this title shall have the effect of terminating any right-of-way or right-of-use heretofore issued, granted, or permitted.”
FLPMA 509(a), 43 U.S.C. 1769(a).
Learn About RS 2477
Become an expert on RS 2477 Rights Of Way
The Basics
It is essential to become familiar with Revised Statue 2477.
This Website Is A Revised Statute 2477 Archive
This website is an archive of Revised Statute 2477 information revived from various websites found on Internet Archives. Much of this content was not created by us. This website is a great resource for pro-motorized access advocates and local governments to assert an RS2477 right-to-way.
You will find:
- Detailed information on past legal battles concerning RS2477 rights-of-way including the Burr Trail.
- Early Federal Regulation and court decisions concerning RS2477.
- Guidance for lawmakers to assert state control of RS2477 right-of-way.
- Guidance for pro-motorized access advocates.
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