Utah seeks right of way on highway

Published: Tuesday, Feb. 10 2004 12:00 a.m. MST

The state of Utah has made the first application in what is expected to be an ongoing review of highway property rights through public lands.

The Bureau of Land Management has posted on its Web site, www.ut.blm.gov, the documentation submitted by Utah for acknowledgement of a right of way on the Weiss Highway, a 99-mile road in western Juab County. The Weiss Highway is also a major east-west route through Juab County.

The application was submitted to the BLM as part of an understanding reached between Utah Gov. Michael Leavitt and Secretary of Interior Gail Norton last April to establish and recognize certain highway property rights given to the state through Revised Statute 2477 of the Mining Act of 1866, which grants the right of way for construction of highways over public lands. Although RS 2477 was repealed in 1976, the rights established prior to that date remain valid.

Notice of Utah's application, published in Monday's Federal Register, opens up a 60-day public comment period.

In a BLM press release Monday, Utah BLM Director Sally Wisely stated that materials, such as maps, photographs and other documents, can be viewed on the Web site. Comment can also be submitted.

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