From Deseret News archives:

Utah's rural road battle back in spotlight

'Eclectic group' raises concerns at field hearing

Published: Monday, June 28, 2004 10:44 p.m. MDT
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Groene said the memorandum of understanding does nothing to alleviate the threat of litigation or to resolve legitimate claims.

"The department's new approach opens the doors to borderline or outright illegitimate RS2477 claims that would not otherwise satisfy legal standards recognized by the court," he said. "Ironically, this new approach raises more questions than it answers and makes litigation more likely than ever."

Utah already has spent more than $8 million defending its ownership rights to rural roads, Bishop said.

"Utah should not be spending its own money defending its claim that these roads are really ours," he said. "If the federal government disputes the claim, it should be the federal government's responsibility to prove we're wrong."

Gardner said a resolution to the right-of-way issues is essential.

"Extreme environmentalists would deny the public access to their lands," he said. "So long as the federal government owns the land, it has an obligation to resolve the access issue to those lands with reasonable, workable solutions on behalf of the American people; especially those taxpaying citizens who live near or depend upon the lands for their sustenance."

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SUWA, on the other hand, believes unknown RS2477 claims are "dormant threats" to the nation's public lands, said Groene.

"The administration's current approach is fundamentally flawed and legally questionable," he said. "Because of the controversy surrounding this issue, it is vital for Congress to establish a clear process that will recognize valid claims and deny those that are invalid."

Bishop, a member of the House Subcommittee on National Parks, Recreation and Public Lands, said he will continue to work with Utah counties to "reassert their rights."

"I guess I've learned how to whine and nag," he said. "I will continue to bring this issue up anytime there's a meeting or talk of appropriations. I'm not going to be satisfied until we do something about it."


E-mail: nperkins@infowest.com

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