By Myrna Trauntvein
Times-News Correspondent
Monday, Juab County Commissioners voted to join a quiet
title action lawsuit being entered by the state to preserve
the R.S. 2477 rights-of way.
"This is an extremely important issue for us, in Juab
County," said Wm. Boyd Howarth, commission chair. "We have
been working to document all the roads in Juab."
A federal law, authorized by Revised Statute 2477,
allowed the creation of rights-of-way across federal lands
and granted the right to construct highways over public
lands not reserved for public uses.
RS 2477 was repealed Oct. 21, 1976, by the Federal
Land Policy and Management Act (FLPMA) but the Act contained
a provision allowing all RS 2477 rights-of-way in existence
before 1976 to continue.
"The Department of Interior and Agriculture are now
maintaining that the rights-of-way either do not exist,
usually because the claim the terms of the grant were not
met or that the scope of the right-of-way of far less than
is reasonable," said Robert Steele, commissioner.
Because of the attitude of officials in the
Department, he said, local governments attempting to
exercise rights and responsibilities under the grant have
faced trespass actions and court charges.
To date, it has been impossible to negotiate the
differences of opinion. The only decisions have come through
federal court cases.
Howarth explained that Utah, and the counties of Utah,
are attempting to settle questions by entering a quiet title
action. The action is made possible by the fact that the
United States has waived sovereign immunity from suit for
lawsuits involving real property in which the United States
claims an interest.
This is known as "Quiet Title" action and is designed
to settle title. Even though rights-of-way do not constitute
full ownership in the land, they are an interest in land
which may be litigated in a quiet title suit.
"It will take a great deal of factual data to support
our claims to roads," said Howarth. "We have been gathering
that information and will continue to."
Joseph Bernini, commissioner, said becoming part of
the state lawsuit was important to all residents of the
county. "If we don't protect these roads, we will no longer
be allowed access."
Howarth said the county had been busy accumulating
evidence of construction, such as maps. They have also
collected aerial photos, written documentation and some oral
testimony. All testimony must be in legal form.
"The evidence has to mark the time of construction,
uses of the right-of-way from its inception to the present
and the physical dimensions of the road in 1976."
The dimensions have to be compared to the dimensions
of the roads today and must identify any future uses.
"We also have to include any information about
maintenance and operation of the road from the time it was
first constructed until today," said Steele. "A lot has been
done because of the effort to map roads with GPS
technology."
Some computerized evidence is already in computer
files.
There is still a great deal to be done, however,
because county records must be gathered, historical aerial
photos and maps need to be collected and analyzed, and
sufficient legal testimony regard each individual road in
use in the county needs to be accumulated.
The state has indicated that county commissions are
essential to the process of assembling the necessary
information to prove the use of each road in the county.
The federal court must be notified of the pending
lawsuit at least 180 days before filing the complaint.
"This concerns all roads identified as Class B and
Class D roads," said Steele. "The roads must have been in
existence prior to 1976." The action will identify all roads
which are affected by the repeal of RS 2477 within Juab
County
"All Class D roads are those that are unimproved,"
said Steele. Cities have Class C roads.
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