By Myrna Trauntvein
Times-News Correspondent
Juab County has, by virtue of membership, the resource of
a revolving defense fund which could be accessed if the
commission determines to enter a lawsuit over roads in the
county.
The RS2477 roads are important to the county, said Robert
Steele, county commissioner. He said there were many
residents of the county who did not want to see the citizens
of the county denied access to any of the roads. Even those
in remote areas had special value to many residents.
"Mike Brown, who has a physical disability, showed us
some areas he can access with his truck," said Steele. "Mike
(Brown) works at Mid-State Consultants in Nephi and likes to
travel in the county."
Many of the roads are not found on the BLM maps for
protection under the definition of the new proposals being
made in the study currently being addressed. Steele said the
BLM does not have some of the roads shown.
"Mike (Brown) showed us some areas not considered roads
in the study but which are definitely roads," said
Steele.
Using the BLM definition, he said, a road is a road if it
goes to something and has been maintained. If the road has
cuts or fills or has been kept open by mechanical means,
even if it was done with a shovel and hand labor, the road
exists.
If it is primitive, by simple definition, it still is
considered a road if it meets the criteria of historically
having been in use and having been maintained.
"That is the BLM's own legal definition," he said.
If the county is required to defend the roads used in
court, said Steele, the legal defense fund should help pay
court costs.
The county, he said, should have no problem winning the
court case if the road was in existence prior to 1976. "Our
roads were all here before that," said Steele.
"Gov. Mike Leavitt said, in no uncertain terms, that any
roads the county commission thinks are in jeopardy should be
filed for by the county commission even if it takes a
lawsuit," said Steele.
If the issue comes to that point, he said, the legal
defense fund which consists of a $1 million revolving fund,
can be accessed for help in standing up for the rights of
the residents of Juab County.
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