The roads less travelled

Oak

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Dec 23, 2000
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I encourage all of you to take the time to read this (it's long). I'm curious to see if any of you want to defend what the county commisioners are trying to do here. I won't be around for the next week...I'll check it out next weekend. Here's some good ones from the story. A link to the full story, and pictures, is at the bottom of this post.

Oak
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Moffat County is laying claim to little-known rights of way across pristine lands, intending to block federal wilderness designations that might stand in the way of economic growth.

Many of the road claims thread through the vast, undeveloped Vermillion Basin, a stark desert of juniper, sage and broken hills - and a place county officials want the Bureau of Land Management to lease for natural gas production.

Others cross already protected lands, like Dinosaur National Monument and Browns Park National Wildlife Refuge, where for decades locals have chafed at their inability to graze cattle, create gravel mines or build subdivisions.

Some of the claimed rights of way are already roads. But most, the county natural resource director says, are cow paths, Jeep trails, or historic routes that have long since vanished into the landscape.

"We have said from the beginning that there is no need for physical evidence to be present to prove a right of way," said Jeff Comstock, director of natural resources for Moffat County. "The need for a route by the public is all that's required."

County records show several of the claims rest solely on the testimony of a single resident who said the routes were once used by Indians.

Comstock acknowledges the far-reaching claims are an attempt to head off repeated attempts to designate Moffat County's first wilderness areas. But the county also wants to preserve unlimited access for the "huge number" of motorcyclists and other off-road enthusiasts who flock to the BLM lands every weekend, he said.

In a May 15 letter to Norton, state natural resources director Greg Walcher said that under Colorado law, valid county road claims exist through national parks, wildlife refuges and wilderness study areas. Since the claims predated environmental laws, no permits should be required if a county wants to upgrade a trail to a road, Walcher added.

The simple passage of vehicles prior to 1976 establishes a right of way, Walcher said. Furthermore, Colorado should not have to identify the edges of the right of way, which should include "all land reasonably necessary" to accommodate the traditional use.

Map of right-of-way claims

Full Story Here
 
Oak, I cant believe the underhanded crap going on in Colorado...then again I wouldnt expect anything less from Norton, Bush, and Owens.

Once again, wheres the consideration for wildlife and the habitat they need?

There is no consideration for anything... other than just the bottom line.
 
I would ask how many years of non-use constitute abandonment.

Think about it, something has travelled somewhere at sometime. Sounded fairly ambiguous to me. But here a right of way don't exist unless it's been documented and surveyed and NOT abandoned.
 

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