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.
These environmental groups are getting way out of control. Its all...
coalminersdaughter | Nov. 1, 2007 at 5:38 p.m.
If all Americans were 25 and in perfect health it would make perfect...
Jeeper | Nov. 1, 2007 at 9:15 a.m.
- Welcome home RSL photo gallery 7:13 p.m.
- Truck driver dies in rollover 6:34 p.m.
- Girls basketball rankings 6:31 p.m.
- Boys basketball rankings 6:26 p.m.
- Nordqvist wins at LPGA 6:15 p.m.
- S.L. could up fees to rec facilities 5:55 p.m.
- Utah GOP opposes ethics initiative 5:45 p.m.
- Alternative to climate change? 5:40 p.m.
- Utah sells most 'New Moon' tickets 5:39 p.m.
- The origins of Thanksgiving Day 5:07 p.m.
- Real Champions
- Bronco, Kyle rubber match
- Protests against Phoenix LDS temple
- RSL wins MLS Cup on penalty kicks
- BYU's Lamb, Jorgensen reprimanded
- Plenty on line for rivalry game
- Time for big matchups in WAC, MWC
- BCS at-large bids up for grabs
- Hall, Johnson matchup key
- Is talking about religion taboo?
- Buttars wants to limit gay rights laws
214 - Glenn Beck to enter politics?
212 - RSL wins MLS Cup on penalty kicks
193 - Palin plans tour stop in Utah
178 - BYU records with win
132 - Palin's book shows she's unqualified
131 - Bronco, Kyle rubber match
122 - BYU cuts Women's Research Inst.
103 - Officer cleared in Cardall Taser case
103 - Jazz finally win in San Antonio
99
Are you a small business owner who can't afford a holiday party this year?
Maxine is a headcase and your best player (collie) saw the writing on the...
Someone must think that their "Capri Sun and orange slices" joke is pretty...
Typical Cougars - crying before and after games. Stop whining, Cougs!
@@bill 2:04 p.m.: "Barack Obama is a graduate of Columbia University and...
In my mind, Wingert is our best attacking back, and has the heart of a lion....
As a latter-day saint I have lived in and out of Utah. Never once have I...
Let me answer that before a TV fan gets on here and makes excuses. 21-7 at...
mr. garrett like many many other professors& scientists world wide have...
I just finished the New Testament and there are no "seer stones" in the...
Gays can be mean and petty and lets not forget that there are women who are...

