Recommended Policy Points

 POSRP recommends development and implementation of a policy that includes as a minimum requires

1. Determining what government entity is responsible for maintaining, improving, inspecting, and patrolling the highway after it is designated as a valid highway.
2. Establishing a time limit for claims to be filed.
3. Clear criteria for determining abandonment.
4. Identifying who must be notified prior to declaring or improving a right-of-way.
5. Determining why the right-of-way is needed.
6. That the party making the RS 2477 claim provide a stringent and uniform burden of proof demonstrating the validity of the claim.
7. Identifying what kind of access is appropriate based on the status of the land the right-of-way crosses, the land use for the land being accessed, and the reason for designating the right-of-way.

Moving ahead and allowing the continued designation of rights-of-way without a procedure or clearer definitions increases the likelihood of decisions being made with negative impacts for property owners and user groups, as well as setting precedents that later may prove to be undesirable. 

Stakeholder Involvement

Given the complexity of the RS 2477 statute, input needs to be solicited from stakeholders who have been, or will be, affected by any implementation or changes to the statute.  We recommend holding outreach meetings as a forum for interested and affected parties to present recommendations for implementation and management of RS 2477 highway claims (such as establishing criteria for determining the validity of a claim).  Suggestions from previous meetings should be available for all to peruse and discuss. 

Criteria Considerations and Questions to Address

Clear criteria for determining that the public has abandoned a road do not exist for RS 2477 rights-of-way and must be developed.  The number of years since the road was used by the public for the original access intentions, as well as the current purpose for public use of the road, should be considered.  Other questions related to establishing validity of public use of the right-of-way include

-     Does one vehicle once a year constitute use?

-     Does the existence of a walking trail or a two track across someone’s property constitute use? 

 When evaluating potential rights-of-way located on a private property with no formal road name or county number, it should be the responsibility of the parties seeking to recognize a RS 2477 highway to prove that the area in question is a highway and the public use is valid.  The property owner should not be assigned the burden of proof that the area is private property. 

If you support this approach for dealing with RS 2477 or if you have other circumstances that need to be addressed, let POSRP know with an email to support@posrp.org or visit the Contact Us page.  These recommendations are a work-in-progress and we plan to make revisions as new information becomes available.

If you are looking for information on other land rights issues, visit www.landrights.com.

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