Potential Legal Standards for Resolving the R.S. 2477 Right of Way Crisis
Bader, Harry R.
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- 2022Owyhee County, State of Idaho v. United States D. Idaho
- 2005So. Utah Wilderness v. BLM 10th Cir.
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Abstract
An obscure 1866 Federal law, Revised Statute 2477, granted rights of way for construction of highways over public lands to miners, farmers, ranchers and homesteaders to assist them in developing the West. Although the act was repealed over sixteen years ago, controversies still arise today. This article seeks to understand the R.S. 2477 grant, and proposed a workable rule of law to govern its progeny.