Judges side with environmentalists in battle over Utah "roads"

[Rickomatic]

http://www.ksl.com/index.php?nid=148&sid=7765077

By John Hollenhorst

SALT LAKE CITY -- There's a major court ruling in a long battle over ATVs and trails that Kane County claims are roads. A three-judge panel in Denver sided with environmental groups Tuesday and slapped down the county.

Basically, the Court of Appeals is saying Kane County does not have the right reopen roads and trails that were shut down by the federal government unless they've proven a county right-of-way in court.

It sounds complicated, but it's a huge blow to Kane County officials, who touched off the court battle six years ago by taking down federal road signs and putting up their own. Essentially the court ruled: If it's federal land, federal law prevails.

Environmentalists sued Kane County because of the sign incident. They praised the ruling from the circuit court.

"It says they cannot do that, they can't take the law into their own hands," said Heidi McIntosh, with the Southern Utah Wilderness Alliance. "It's really blown a hole in the whole Sagebrush Rebellion business. The court has affirmed that these are federal lands, they're managed for all Americans pursuant to federal law."

But Kane County officials told KSL News by phone it will hurt people who travel across public land to recreate or make a living.

"I'm mad as hell, John! You know, they've basically emasculated anybody in any county in the western United States on managing any road system," said Dan Hulet, chairman of the Kane County Commission. "I think it solidifies the Sagebrush Rebellion, not just in the state of Utah, but throughout the West."

Kane County is considering an appeal, possibly to the United States Supreme Court.

WTF!

 

[Don B]

This has absolutely nothing to do with trails or ATV's. Typical media BS

The federal courts claim that Kane County does not own a single road that crosses federal lands. That is basically the entire Kane County transportation system.

This could also be made to cover the entire western U.S. Practically every road in the western United States was created by users under authority of RS2477 just as they were in Kane County. The FLPMA act of 1976 repealed RS2477 but grandfathered in existing rights. FLPMA says that the BLM SHALL recognize all existing rights. The federal courts conveniently ignore this and claim that ALL RS2477 claims must be individually proven in federal court in order to be valid. Of course with the thousands of roads this involves it is impossible to do.

 

[bradm]

FLPMA says that the BLM SHALL recognize all existing rights. The federal courts conveniently ignore this and claim that ALL RS2477 claims must be individually proven in federal court in order to be valid. Of course with the thousands of roads this involves it is impossible to do.

Sneaky bastards, they always find a loophole to exploit.

 

[scoutabout]

FLPMA says that the BLM SHALL recognize all existing rights. The federal courts conveniently ignore this and claim that ALL RS2477 claims must be individually proven in federal court in order to be valid. Of course with the thousands of roads this involves it is impossible to do.

Wish they would've started asserting/documenting these rights in '76 when this first started. Better stop waiting and start documenting.

 

[Don B]

Wish they would've started asserting/documenting these rights in '76 when this first started. Better stop waiting and start documenting.

The work of documenting these roads has been going on for many years. The problem has been trying to get anything through the federal courts.