RS2477 Route Litigation

Submitted by Anonymous (not verified) on Mon, 07/30/2018 - 14:12

RS2477 Litigation refers to right-of-way issues on routes that cross public lands and determine whether the Federal, state, county, or local governments have legal jurisdiction. Some of the conditions that are taken into consideration are: 1) whether or not the road was in existence and in continuous use for at least 10 consecutive years prior to 1976 (corresponding to the repeal of the Federal Land Policy and Management Act), 2) whether or not the entire route was in use or only portions of it, and 3) the purpose of travel on the route.  In order to determine these factors, it is necessary to not only rely on expert witness testimony, but also use the supporting documentation of existing historical aerial photography and its interpretation. Hundreds of historic aerial photos were interpreted and roads whose right-of-way status was in legal contention were inventoried and assessed as to their condition and status in Emery, Garfield, and Kane Counties in preparation for upcoming road litigation.  Court cases had been filed by all three counties against the Federal Government over legal jurisdiction of these routes in question. Approximately 140 routes were inventoried and classified as to their status under the RS2477 requirement via remote sensing techniques, and testimony was prepared and given at trial by the remote sensing specialist.

Author Name
Julie Kerr Gines
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