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Kane Co. takes road fight to federal appeals court ( Utah )
AP ^ | May 6, 2009

Posted on 05/06/2009 7:15:50 PM PDT by george76

A southern Utah county has taken its fight to manage roads in the Grand Staircase-Escalante National Monument to a federal appeals court, claiming that federal officials improperly closed routes to traffic.

Lawyers for Kane County argued Wednesday before the 10th U.S. Circuit Court of Appeals in Denver that the county managed the roads for years before the nearly 2-million-acre monument was designated in 1996.

(Excerpt) Read more at krdo.com ...


TOPICS: Crime/Corruption; Government; US: District of Columbia; US: Utah
KEYWORDS: blm; countyroad; g74; kanecounty; landuse; rs2477; sagebrush; sagebrushrebellion; suwa

1 posted on 05/06/2009 7:15:51 PM PDT by george76
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To: SierraWasp; calcowgirl; jazusamo; rellimpank; GladesGuru; editor-surveyor; tubebender; ...

Kane County has appealled the 10th Federal Circuit Court decision that limits the County’s authority over roads that belong to the County.

In the formas and downloads section above you will be able to view several key documents that pertain to and explain this ongoing strugle to protect our right to access public lands.

http://kane.utah.gov/page.cfm?ID=14


2 posted on 05/06/2009 7:20:54 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: Seadog Bytes; editor-surveyor; BOBTHENAILER

Kane County has authority under the 1866 mining law, RS2477, that allowed local governments to claim rights of way across federal land.

http://www.heraldextra.com/content/view/182246/


3 posted on 05/06/2009 7:26:14 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: MtnClimber; nothingnew

San Juan, Kane and Garfield counties graded 16 routes they claimed under the RS2477 law. Six of the routes were in wilderness study areas and nine in the national monument.

“Six others traverse a mesa overlooking the entrance corridor to the Needles District of Canyonlands National Park,”

http://www.deseretnews.com/article/1,5143,635163187,00.html?pg=3


4 posted on 05/06/2009 7:31:29 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: Excuse_My_Bellicosity; colorcountry

SUWA


5 posted on 05/06/2009 7:42:19 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76
I gather the 10th Federal Circuit Court held the counties must prove its right to the roads despite RS2477?

Does anyone know of a link to the flawed ruling and Kane county's brief before the 10th U.S. Circuit Court of Appeals?

6 posted on 05/06/2009 7:49:33 PM PDT by TeleStraightShooter (Barack Benito Obama heads the most shocking "end justifies the means" gang of thugs/ administration)
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To: TeleStraightShooter
ROFLOL, The state has spent millions trying to steal property off of people where it claims roads were fifty years ago, they have lost every time.

This will wind up the same way!!!!

7 posted on 05/06/2009 8:02:58 PM PDT by org.whodat (Auto unions bad: Machinists union good=Hypocrisy)
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To: TeleStraightShooter

I will look , but not yet.

Does anyone know of a link to the flawed ruling and Kane county’s brief before the 10th U.S. Circuit Court of Appeals?


1996, when Bill Clinton employed a moldy law, the American Antiquities Act of 1906, to create out of BLM lands the Grand Staircase-Escalante National Monument, a 1.9 million-acre protected wilderness .

Locals saw it as yet another Washington land grab under RS 2477.


8 posted on 05/06/2009 8:13:24 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: Issaquahking

The establishment of Grand Staircase in 1996 made a lot Utahns angry, and not just because President Bill Clinton made his announcement in Arizona.

To many, the feds had scored not just a land grab that nullified plans for a huge coal-fired power plant, it limited access to roads and regions rural folks always had assumed were theirs to use as they wished.


9 posted on 05/06/2009 8:20:41 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Utah is amazing, in that they have a wonderful system of county roads that cross some of the most spectacular geography around. It is a big moneymaker for the economy. The markings are cryptic, a good map is recommended for this reason. “C392” doesn’t help much, but it might run 80 miles, there are thousands of miles of good graded dirt road, suitable for high clearance 2WD even. Bring plenty of water, camping supplies. Oh, if by chance one does need a tow, it starts around $500. Really only an issue once “off road”.


10 posted on 05/06/2009 8:33:42 PM PDT by Freedom4US
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To: org.whodat

I have heard rumor the counties in question exercising eminent domain in one case, why would you consider that stealing?


11 posted on 05/06/2009 9:28:52 PM PDT by TeleStraightShooter (Barack Benito Obama heads the most shocking "end justifies the means" gang of thugs/ administration)
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To: Freedom4US

Tons of excellent exploring to do.


12 posted on 05/06/2009 9:38:54 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: TeleStraightShooter
They were numerous cases of stupid individuals thinking the law applied to them. And they were claiming access across deeded property. The state has given up, after peeing away millions, they county will follow.

A taking under eminent domain has to be for the good of the population.

13 posted on 05/06/2009 9:41:42 PM PDT by org.whodat (Auto unions bad: Machinists union good=Hypocrisy)
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To: george76

And to help Clinton’s Indonesian contributors in the market.


14 posted on 05/06/2009 9:45:01 PM PDT by nufsed (Release the birth certificate, school and passport records.)
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To: nufsed

Indonesian billionaire James Riady paid a record $8.6 million criminal fine and plead guilty to using corporate funds from his foreign Lippo Group to reimburse contributors to Bill Clinton’s 1992 campaign for the presidency


15 posted on 05/07/2009 5:40:34 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

That’s a start! Thanx.


16 posted on 05/07/2009 6:13:35 AM PDT by nufsed (Release the birth certificate, school and passport records.)
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To: org.whodat
A taking under eminent domain has to be for the good of the population.
Concur

They were numerous cases of stupid individuals thinking the law applied to them.
You claimed the state was stealing property, not individuals. If the state opens up public right of way for everyone via eminent domain how is that stealing? (as long as the deed owner is justly compensated)

17 posted on 05/07/2009 8:30:19 AM PDT by TeleStraightShooter (Barack Benito Obama heads the most shocking "end justifies the means" gang of thugs/ administration)
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To: TeleStraightShooter
You claimed the state was stealing property, not individuals. If the state opens up public right of way for everyone via eminent domain how is that stealing?

That is not what was happening!! The counties were cutting fences and grading roads where no one had been in fifty years claiming it was a legit right of way. Current rules say they need to prove it had been in continuous usage for a period of ten years prior to the grading, other wise there was no road and no right of way. And that is also what the court says.

And A public good is not a trail riding road for 4 wheeler hobbyists.

18 posted on 05/07/2009 1:23:54 PM PDT by org.whodat (Auto unions bad: Machinists union good=Hypocrisy)
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To: org.whodat

The reason for the mining road law was access to the land. Four wheelers use that access.

However, since “wilderness” is also a “hobby”, or more accurately either a stalking horse for enviro-socialism or a place where ‘nature worshipers’ want the gooberment to buy a church they feel they are entitled to so that they can worship ‘wilderness’ as they see fit.

The “Church of the Holy Wild” is OK until the whacko adherents want the gooberment to put money into their form of worship.


19 posted on 05/07/2009 9:16:52 PM PDT by GladesGuru (In a society predicated upon freedom, it is essential to examine principles,)
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To: org.whodat
And that is also what the court says.

Yes, we agree that is the opinion of the court and that is being appealed.

And A public good is not a trail riding road for 4 wheeler hobbyists.

An opinion that is quite revealing and legally inaccurate. Your dislike of 4 wheeler hobbyists not withstanding (and no, I'm not one), does not change the fact that right of ways are in the public interest regardless of mode or reason of travel.

Using your logic a hiking trail in Zions NP for hiking hobbyists is not a public good.
balderdash.

20 posted on 05/07/2009 10:15:03 PM PDT by TeleStraightShooter (Barack Benito Obama heads the most shocking "end justifies the means" gang of thugs/ administration)
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To: TeleStraightShooter
An opinion that is quite revealing and legally inaccurate. Your dislike of 4 wheeler hobbyists not withstanding (and no, I'm not one), does not change the fact that right of ways are in the public interest regardless of mode or reason of travel.

And how many m,ore times will the court have to say that is BS!!!

And why do you bring up BS statements about my dislike of 4 wheeler, that is only your worthless opinion. I happen to own two. But I pay for my place to ride, why don't you try it.

21 posted on 05/08/2009 8:32:22 PM PDT by org.whodat (Auto unions bad: Machinists union good=Hypocrisy)
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To: org.whodat
Interesting, could you cite any court decision that the public interest in right of ways are predicated on mode or reason of travel? In particular a case involving ATVs

As a matter of fact I OWN the trails I travel, it just happens the BLM manages them and since Jimmy Carter's gang got a foothold in federal land management the fed has been more and restrictive of who can travel on it.

I'm going to conjecture you have never traveled though the Grand Staircase NM so that's probably why you don't understand how the government's restrictions are a severe crimp on the liberties of the citizens who live there.

22 posted on 05/10/2009 7:39:18 AM PDT by TeleStraightShooter (Barack Benito Obama heads the most shocking "end justifies the means" gang of thugs/ administration)
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To: TeleStraightShooter
The difference between you and me is that you are shaking a ten cup of I want special rights , whereas I support the court decision, and now you want to whine about it.
23 posted on 05/10/2009 8:22:04 AM PDT by org.whodat (Auto unions bad: Machinists union good=Hypocrisy)
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To: org.whodat
Since you could not cite any court decision to support your claim we will consider it empty.

Your unfamiliarity with the region or the specific circumstances of the ESNM/BLM travel restricts illustrates in spades why federalism/local decision making works far better than a out of touch central government far away in DC or Versailles.

24 posted on 05/10/2009 10:49:38 PM PDT by TeleStraightShooter (Barack Benito Obama heads the most shocking "end justifies the means" gang of thugs/ administration)
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