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Friday, July 06, 2007

Get off my road!

Original here.
SALT LAKE CITY - Two southern Utah counties cannot undo protections limiting off-road vehicle use on the Grand Staircase Escalante National Monument by claiming without proof that they have historic rights-of-way, a federal court judge ruled Friday.

In a ruling with broad application to other federal public lands, U.S. District Court Judge Bruce Jenkins threw out claims by Kane and Garfield counties that monument managers disregarded the repealed statute R.S. 2477 that once established “highway rights-of-way” when the West was being settled.

The Southern Utah Wilderness Alliance, the Wilderness Society, the Sierra Club, and the National Trust for Historic Preservation intervened in the case, joining federal attorneys in asking the court to dismiss the suit.


Well damn. Its always disappointing when the Fed uses their property or their holdings in the states to exert broad laws and limit local autonomy. This phenomenon, I have found, enjoys a certain type of trickle down effect, duly entailed in Exhibit A:

Indeed, we find that even on a local level, any form of power that is doled out, is abused. The inherent disregard for property rights and autonomy, on both scales, simply should not be tolerated.

In a small Vermont town I am quite familiar with, an analogous dispute played out a couple years ago, with surrogates for the Sierra Club and the Fed.
In many Vermont towns, roads laid out by selectboards long past either have never been built or have vanished from memory and use over the years. These “phantom roads,” many of which lack corporeal form, still bear form, force, and spirit given them by law, and now haunt Vermont towns and private property owners.

The curse of phantom roads is highlighted by the specific instances within the Towns of Barnard and Chittenden examined in this article. There are innumerable private property owners along the paths of phantom roads that might be similarly affected. For example, twenty-six phantom roads are currently being researched in the Town of Chittenden. There are 254 other municipalities in the State of Vermont, likely with inventories of phantom roads and hosts of private property owners that will be affected should these roads themselves rise from the grave.


In the case I am familiar with, selective clearing was supervised by members of the selectboard on the ‘Green Road’ (one of Chittenden’s phantom roads that affects a wide swath of different properties), within close proximity of the houses and properties of the townsfolk who complained the loudest when discussion of unearthing these old roads began. They began toying with the idea of exerting town right of way on some of these old logging roads, and doing some clearing, in order to encourage winter sport enthusiasts. Some people whose property was disected by the ‘Green Road’ were quite vocal and totally against the idea, rightly so. Fed, state, and especially local politics can be nasty.

Posted at http://arbuckleinstitute.blogspot.com

Comments

spark, this is much like the Rails to Trails boondoogle.

Here in PA, in the rural townships and boroughs, alleys and right of ways have been allowed to lapse and become overgrown. Many people treat them as part of their property or lawns. Then some dimbulb in the local commissariat decides they want to “enhance revenue” by spending a pile of tax money reopening an alley that has been unused for 50 or so years, and drag property owners into court for cutting grass on township/borough property.

Or one neighbor puts up a fence, thus initiating a protracted fight with another neighbor/s, rattling the chain of the local zoning board and causing everyone a major problem.

And don’t get me started on destroying our railway system in order for people to ride bicycles. In many cases these rails to trails are becoming quad/dirtbike racetracks that bisect peoples property. And local law enforcement often as not comes down on the property owners for complaining that hoodlums are racing through their yards at all hours of the night and day, vandalizing structures and fences, injuring and killing livestock, and in general acting like a bunch of assholes.


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on July 8, 2007 at 07:04 am

I don’t know, right of ways are right of ways.  The property owners knew they were there when they bought the property.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


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The Whistler on July 8, 2007 at 10:26 am
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Proof on July 8, 2007 at 11:11 am

TW
Many of the ‘phantom roads’ in my hometown are not on surveys unless they are really old. The town is getting fucked by it because they approved a load of tax and property maps w/o them marked. Its a huge mess. And no, right of ways that are logging roads from the 1840s are not right of ways. Its BS. Selective clearing next to people’s houses that complain and not clearing the whole road is pure, inflammatory, power tripping BS. I’m surprised no one got shot, frankly. Its been very heated. Luckily the ‘green road’ goes just east of our property and is already an ATV path. We found out all the rules and regs and posted all 34 acres legally. Any trespassers now are just that - hunters or otherwise. We are glad to provide permission, if asked and if we know the individual. The selectmen, for example, are more than welcome to hunt on out land. We have a nice little pine grove that the deer love to sleep and rub in… next to a few nice fields with good lines of fire.
At any rate, its illegal to put up garrotes on ones property, and a few other malicious things… things like this are nice because they bring out all the legal details.
The other kicker in this whole thing is the fact that my hometown is 70% national forest with paths for recreation. There is really no need for the resurrection of these ‘phantom roads’ on anyone’s property.
Also TW, that disregard for property rights would earn you a booing from Freidman for sure. Property rights are the foundation of our great society. Right of way my ass. Come on my land and you’ll get a couple warning shots… then hopefully you will find an exit.


Yun Chu said, “You must strictly not express in words what is very significant. Both dragon and snake are killed in one blow.”

Sparkie Arbuckle on July 8, 2007 at 06:48 pm

In case you didn’t know an easement is a property right (or lack thereof).

Now if someone’s hurt because of an undiscovered property right from over an hundred years ago that’s too bad.

Around here it’s pretty clear on the maps what’s a “public road” and what’s not, even if the road doesn’t exist. 

I’ve actually been marginally involved in a deal like this.  I was riding my snowmobile on a legal road.  Someone had put some wire on the trail apparently because it was behind their house.

I sure didn’t think much of that because on the official maps it is a road.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on July 8, 2007 at 07:01 pm

It seems to me that the easement laws should work as when a road’s been abandoned for so long it no longer exists.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on July 8, 2007 at 07:07 pm

Toot, that is how it is supposed to work. In many cases local government, for what ever reason, push such issue. Often merely to drive certain property owners into selling, or to punish people who do not fall in line with their clique. New London V Kelo springs to mind.

In the west, where you reside, public right of ways were laid out on a massive grid. In the east and south, not so much. Often roads and access right of ways were laid out on paper and never actually existed. Or were in use for short periods of time, then allowed to overgrow and vanish.

As for logging/mining access right of ways, they are not intended to be permanent. Unless specifically stated as such. At least that is my understanding of the issue.


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on July 8, 2007 at 07:44 pm

spark, you really missed out! You should have jumped into this one.


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on July 8, 2007 at 08:02 pm
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