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Kane County wins RS 2477 claims

eprobe

eprobe

Member
Location
Magna, Utah
Dear all;

I hope I'm not breaking forum rules. If so, I apologize. Delete this thread.

I blog on land use issues. My latest article just came out at New West.

Please leave comments! This has been a fairly one-sided issue until recently.

Eric
 
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russelle

Registered User
Eric
Do you know what Kane County's approach to RS 2477 rights of way that are on WSAs is? With the original wilderness inventory for Utah completed in 1980 and the 12 year statute of limitations on Quiet Title Action it seems that the County may have missed the boat. I suppose one could argue that the county was not officially notified of the US's intent to claim rights of way until the 1999 Utah Wilderness Report was issued. But still that leaves months, maybe a year, to file Quiet Title Action. With the resent court rulings we all know that the County must "prove" their claim to RS 2477 rights of way. With the County using Quiet Title Action to "prove" claims to rights of way this seems like an issue.

I know that Inyo County, California had its Quiet Title Action for 3 rights of ways to roads dismissed because the court ruled that the Wilderness inventory that captured the land that became Death Valley National Park in 1994, expanded from 1933 National Monument, was inventoried in 1979 by the BLM and therefore the county was notified of the US claim.
Eric Russell
 
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Don B

formerly rebarguy
Location
Southern Utah
russelle said:
Eric
Do you know what Kane County's approach to RS 2477 rights of way that are on WSAs is? With the original wilderness inventory for Utah completed in 1980 and the 12 year statute of limitations on Quiet Title Action it seems that the County may have missed the boat. I suppose one could argue that the county was not officially notified of the US's intent to claim rights of way until the 1999 Utah Wilderness Report was issued. But still that leaves months, maybe a year, to file Quiet Title Action. With the resent court rulings we all know that the County must "prove" their claim to RS 2477 rights of way. With the County using Quiet Title Action to "prove" claims to rights of way this seems like an issue.

I know that Inyo County, California had its Quiet Title Action for 3 rights of ways to roads dismissed because the court ruled that the Wilderness inventory that captured the land that became Death Valley National Park in 1994, expanded from 1933 National Monument, was inventoried in 1979 by the BLM and therefore the county was notified of the US claim.
Eric Russell
Click to expand...

Kane County's approach to RS2477 ROW's in WSAs is the same as any other RS2477 claims. I'm not on top of the specific legal issues in regard to what the statute of limitations are, I'm wondering if having the land withdrawn as a national monument affected the status in Death Valley? Next time I talk to Mark H. I'll ask him. I didn't think that the WSA status made any claim on the roads, but was subject to valid existing rights.

I'll do some checking on this. I know that the Canaan Mtn Sawmill Road in Washington County had problems with statue of limitations with the County claim, but that the statute of limitations didn't apply to the State and therefore Washington County needed the State claiming the ROW.
 
eprobe

eprobe

Member
Location
Magna, Utah
russelle;

Prior to Babbitt, counties didn't have to file for quiet title. There was no agency with which they could file. R.S. 2477 titles were "self executing," meaning you didn't have to file any paperwork with anyone to validate them. The burden was on the feds to prove you didn't have a title to the road.

After Babbitt, some courts found that R.S. 2477 rights-of-way essentially didn't exist unless they were proven in court.
 
eprobe

eprobe

Member
Location
Magna, Utah
at least that's my understanding. A WSA shouldn't change things because the status of the area and the roads can't legally be altered except by an act of Congress. But, Interior is trying to work around that...
 
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Don B

formerly rebarguy
Location
Southern Utah
eprobe said:
at least that's my understanding. A WSA shouldn't change things because the status of the area and the roads can't legally be altered except by an act of Congress. But, Interior is trying to work around that...
Click to expand...

Thanks,
That's my understanding of the situation. I'll still ask Mark H. about statute of limitation issues with regard to Quiet Title Actions.
 
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russelle

Registered User
Eric and Tacoma
I agree with your post. However, the Inyo county thing has merit. What I was trying to say, is that, Inyo County lost their case because the courts ruled that the US notified the County of their desire to claim title to the property when the US (BLM) completed their wilderness inventory. If the County does not file Quite Title action, before the statue of limitations runs out, the County is essentially SOL. USC , title 28 section 2904a only allows the county 12 years to dispute property rights. All RS 2477 ROW must be claimed in accordance with “proof,” i.e. confirmed via Quiet Title based on 10 Circuit Court ruling.
Thanks
Eric Russell
 
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