- County will investigate a sign prohibiting access to Gravel Spring Road
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By Myrna Trauntvein
Times-News Correspondent
Another county road has a sign in the middle of it prohibiting access by motorized vehicles of every sort.
Leonard Trauntvein attended county commission meeting on Monday to discuss the road closure with the commission.
"Gravel Spring Road has a sign posted prohibiting travel by 4-wheelers, trucks, ATVs and bikes," said Trauntvein. "I wondered if you were aware of the sign."
Gravel Spring Road is a county road, said Bob Garrett, county road superintendent, and is also an RS 2477 road, meaning that it cannot be closed.
The road is located south and east of Nephi and is near the Old Pinery Road. The Old Pinery is an LDS church-owned camping area used by several LDS stakes.
"Could the sign have been put up by the church?" asked Val Jones, commission chairman.
The Church of Jesus Christ of Latter-day Saints owns some grazing land in the area which is used as part of its cattle operation.
"The church has a fence there and runs about 66 head of cattle in the area," said Chad Winn, commissioner.
However, it is unlikely that the church would put up a sign on the road.
"There is a private owner of property who owns land in the approximate area," said LuWayne Walker, commissioner.
The Forest Service owns the land to the east of the road.
"I went for an ATV ride in that area," said Jones. "I went approximately two weeks ago and the sign was not there then."
However, he said, there was a box with a sign-up sheet which he had assumed was put there by the Forest Service.
The sign has apparently appeared since Jones went for his ride but, said Garrett, there should not be a sign on a county road prohibiting access. He said he would investigate and find out who had put up the sign.
It would not be legal and would need to be removed.
Trauntvein said that he had not personally seen the sign but that another individual had seen it and had talked to him about it. He said he made the appointment with the commission to find out about the sign because he was concerned.
Jones said that a former Utah County Commissioner's sister owned some private land located in that area. It was the ex-commissioner and his brother, however, who were interested in developing the property.
Nevertheless, the road is established, he said, and is a claimed county road.
"The Gravel Spring Road should be open," said Garrett.
Revised Statute 2477 (commonly known as "RS 2477") was enacted by the United States Congress in 1866 to encourage the settlement of the Western United States by the development of a system of highways.
In the 1866 Homestead and Mining Act in Section 8 of the Act of July 26, 1866, it states (the entire text is one sentence): "The right-of-way for the construction of highways across public lands not otherwise reserved for public purposes is hereby granted."
It granted to counties and states a right-of-way across federal land when a highway was built. In 1872 the law was recodified and this statement was then known as Revised Statute 2477. RS 2477 was repealed in 1976 under the Federal Land Policy and Management Act (FLPMA). The repeal was subject to "valid existing rights."
The county commission has pledged to protect and keep open county roads so that they can continue to provide access for the public.
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