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[RC] Wilderness areas and RS 2477 - Lynn WhiteRS 2477 was enacted in 1866 for the purpose of enabling development of the
West. It was a right-of-way law. It basically said that if the public used a
road or two-track or even a trail for transport it could not be closed for
public use by either a private landowner or the government. It was changed in
1976 but there are many tricky interpretations to the language an intent.
Some argue that RS 2477 applies to the shutting off of roads or trails in
Wilderness areas. This would mean that if there was a trail or primitive road
traversing through public land and was used by the general public before the
wilderness act it could not be closed off for public use. I don't know if
anyone has challenged this or brought it to the surface. But it could be
something in our favor if we wanted to cross a wilderness using an old mining
claim road constructed in 1900.
There are many groups (mostly ATV people) that have active groups using RS 2477
in their favor. It might be something to consider. The argument that one could
use would be to claim that a road was in place BEFORE the wilderness act and
therefore can be used for any event by the public.
We might be a minority, but I personally know of several tiny minorities in my
area that get things done. The squeaky wheel gets the grease law applies.
Just a sideline note: Do you think anyone would be able to start the Tevis now
if if hadn't been running for 50+ years? I understand that this trail goes
through a wilderness area...could be a precedent to use.
Lynn
"Did you ever notice that the first piece of luggage on the carousel never
belongs to anyone?"
-Erma Bombeck
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