Get off my road!
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Court Judge Bruce Jenkins threw out claims by Kane and Garfield counties that monument managers disregarded the repealed statute R.S. 2477 that once established “highway rights-of-way” when the West was being settled.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