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RS 2477 continues to be in the newsTwo new Moffat County stories about RS 2477 on Feb. 2, 2005. Get the stories via link on News page. Who we arePOSRP is a diverse group of private property owners seeking the quiet enjoyment of our own homes and property. Many of us feel negative impacts from highways “constructed” under RS 2477 or claims tied to RS 2477. POSRP is also individuals that believe in private property rights and/or are concerned about negative effects of RS 2477 right-of-way claims.
The POSRP MissionAs property owners our mission is to protect individual property owners' opportunities to own, use, and enjoy their property without fear from federal or governmental regulations processing rights-of-way or otherwise condemning property without just compensation. POSRP is a registered 501 (c) (4) corporation working to effect RS 2477 legislation that protects property and property owners' rights. Donations to support POSRP activities such as maintaining this web site, providing information materials to lawmakers, and travel costs to meet with lawmakers may be made online using the button below or mailed to
Some "highways" claimed under RS 2477
The Issue Revised Statute 2477 (RS 2477) was passed in 1866 allowing the creation of rights-of-way across public lands. These rights-of-way were intended to allow access to homesteads and mining claims. The complete statute is "The right-of-way for the construction of highways over public land, not reserved for public uses, is hereby granted." In 1976, RS 2477 was repealed by the Federal Land Policy and Management Act. Rights previously established under RS 2477 were not revoked. While FLPMA established a process for claiming roads on public lands, it did not contain criteria for establishing the validity of RS 2477 right-of-way claims and no requirements were put in place for RS 2477 highways to be recorded or designated on maps or filed with any government office. The lack of records for RS 2477 rights-of-way becomes a problem for individuals buying or selling property that was once public land. There may be unrecorded, undocumented, unsurveyed rights-of-way across their property. The right-of-way is not an apparent issue unless a property owner takes actions that limit access, or recreation users change their use of the property making the owners unwilling to allow access, or until the sale of a property which may raise the right-of-way as a cloud on the title of the property. There is no process or allowance under RS 2477 to acknowledge changes in the status or condition of a parcel of land. There is no room in RS 2477 for restricting access due to land moving to private ownership, or safety concerns for people or wildlife. This is an issue across the western United States. Societal changes since 1866 require us to take responsibility for the brevity of RS 2477. The first step needed is clear legislation at the federal level allowing local (i.e., state and/or county) decisions regarding lands not under federal management. Visit the History page for more detail regarding RS 2477. Visit our Stories page for stories about private property owners in Colorado, Nevada, Utah, and New Mexico fighting to protect their rights as property owners.
POSRP Contact Information
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Send mail to
shannon@writeforadvantage.com with
questions or comments about this web site.
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