|
|
|
|
Revised Statute 2477 (RS 2477) was originally included with the Lode Mining Act in 1866. The intent of the statue was to assure that individuals had 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." The Federal Land Policy and Management Act (FLPMA) repealed RS 2477 when the FLPMA was passed in 1976. However, rights established previously under R. 2477 were not revoked. Unfortunately, there were not any provisions in the FPLMA requiring the previous rights under RS 2477 to be recorded. This becomes a problem for individuals buying property that was once public land because they may have an unrecorded right-of-way across their property. The right-of-way does not become an issue until a property owner takes actions that limit access or until recreation users change their use of the access making property owners unwilling to allow it. Since the repeal of RS 2477, the Department of Interior has been carrying a provision tied to its budget that states that issues regarding RS 2477 rights-of-way would not be resolved until action was first taken by Congress. Congressman Mark Udall of Colorado has introduced a bill, HR 1639, intending to resolve claims and establish standards for RS 2477 rights-of-way. Initially focused on public lands, the proposed bill has been revised to incorporate some language regarding right-of-way claims over private lands as well.
The Colorado Senate passed a resolution in March 2004 requesting that Congress take action at the federal level to allow local resolution of right-of-way claims when appropriate. See POSRP News Page.
Additional background information on R.S. 2477 can be found on the web sites listed below. www.highway-robbery.org -- Resources Heritage Research Center, Ltd.
|
|
Send mail to
shannon@writeforadvantage.com with
questions or comments about this web site.
|
