From Deseret News archives:
BLM Bald Knoll decision a precedent?
The coalition comprised of The Wilderness Society, the Southern Utah Wilderness Alliance, Wild Utah Project and the Center for Biological Diversity said Tuesday that it objects to the BLM's preliminary non-binding determination that Bald Knoll Road is a valid R.S. 2477 public right-of-way. One attorney is concerned that the decision may set a national precedent.
Rep. Mike Noel, R-Kanab, said the coalition is spreading "bald-faced lies."
"There's no question that road has always been maintained by the county. There is a good, solid record of that," Noel said. "There is no question in my mind, or anyone who understands what R.S. 2477 is all about, that the BLM did an excellent job evaluating the data and coming to the conclusions that they did. This road belongs to the citizens of this county and sovereign state of Utah."
The preliminary designation means the BLM has tentatively ruled that Kane County and the public have a historic claim to use motorized vehicles on the rough, nine-mile road, which is near the Grand Staircase-Escalante National Monument.
Kane County Commissioner Mark Habbeshaw said the county has "followed to the letter" what was required of it by the federal government's designation procedure, which stems from a ruling issued by the 10th Circuit Court of Appeals in Denver.
"All that is required for a nonbinding designation on Bald Knoll Road is for the county to submit a preponderance of evidence," Habbeshaw said. "We think we have far exceeded that burden. If SUWA didn't like the court's decision, then they should have appealed it to the Supreme Court, and they didn't. They just don't like any roads."
The road, which is rutted and requires high clearance to travel over, is slated for improvements if the BLM's decision stands, he added.
An attorney for the Southern Utah Wilderness Alliance said the BLM's decision in Kane County on Bald Knoll Road, which is the first of its kind under a new federal policy, could set a national precedent.
Recent comments
Let's hope it does set a precedent.
Matt | Nov. 2, 2007 at 10:24 a.m.
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