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Trouble near Boulder, Jeepers trying to claim private road
59er
post Jun 4 2006, 10:05 PM
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Heads up: the Denver metro area Jeep clubs are attempting to claim that another private mining road is public for their joy rides and other entertainment. The miner that owns it has been experiencing vandalism and closed it to the vandals. Recent article in the Times-Call:

http://www.longmontfyi.com/Local-Story.asp?id=7779

Here is a forum where the off-road clubs are debating whether or not to respect the owner's right to close his property:

http://colorado4x4.org/vbb/showthread.php?t=65365

This is happening alot in the front range where new uses are clashing with traditional uses.
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59er
post Jun 8 2006, 11:48 PM
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CP, the problem is that the FS does not own the right of way through the miner's property. The FS has a history of taking roads that were built by mining companies on private property and claiming them as FS roads without any sort of due process. If you look at the history of the FS, it wasn't even created until well after most of the mining land in the Front Range was patented. So how can private property become public property without just compensation to the miners? If it's actually public property, then why are the owners getting tax bills for it (and who maintains it, and who gets sued if somebody gets hurt there)? If there is a legitimate need to cross private property, then the FS can lease or buy an easement. What they can't do is declare a mining road to be a publiic road just by drawing it on a map. The ranger does not have any power whatsoever over private land.

I don't see how it matters whether a mine is active or not. Remember this is patented land not just a claim, so the owner has the right to defend his land, regardless of what he is doing with it. As for 4-wheelers vs. teenagers with too much time: not much difference when you are talking about Boulder County. laugh.gif They also don't even stay on the roads, and people in vehicles tend to haul away everything from old equipment to ore.

There are many ways to get to public land without having to cut across private property without permission. The bottom line: if it aint FS land, it ain't YOUR forest.
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- 59er   Trouble near Boulder   Jun 4 2006, 10:05 PM
- - ColoradoProspector   Well after reading through the article and some of...   Jun 8 2006, 07:44 AM
- - 59er   CP, the problem is that the FS does not own the ri...   Jun 8 2006, 11:48 PM
- - ColoradoProspector   Thanks for posting this info 59er and I'm stil...   Jun 10 2006, 09:45 AM
- - 59er   Hey CP, thanks for keeping an open mind. I think ...   Jun 11 2006, 08:12 AM
- - Coalbunny   I think Dan is right, so far. Before any decision...   Jun 14 2006, 09:38 PM
- - plp.001   The laws on rights of wqy can be found in the 1866...   Jun 15 2006, 07:48 AM
- - plp.001   Of course if that ingress egress interferes with a...   Jun 15 2006, 07:52 AM
- - 59er   Jerry, Not any road built between 1866 and 1976 i...   Jun 15 2006, 08:59 PM
- - plp.001   59er You don't have to prove thaqt the road w...   Jun 15 2006, 11:21 PM
- - Coalbunny   Also depends on the deals the claim owners had in ...   Jun 15 2006, 11:37 PM
- - 59er   Jerry, I think you are misreading RS 2477. It say...   Jun 16 2006, 09:49 PM
- - 59er   Coalbunny. I think this sorta thing happened all ...   Jun 16 2006, 09:58 PM
- - 59er   I did a little research. A couple weeks ago a jud...   Jun 17 2006, 08:14 AM
- - plp.001   59er The courts have found both ways for and agai...   Jun 17 2006, 09:14 AM
- - Coalbunny   Exactly 59er. They should have had it documented ...   Jun 18 2006, 05:31 AM
- - plp.001   I know that San Bernardino County and several othe...   Jun 18 2006, 07:25 AM
- - 59er   I'd be interested in knowing if any of these a...   Jun 21 2006, 07:17 PM
- - wheasonjr   Hi 59er On many patented properties for mining...   Jul 12 2006, 10:56 AM
- - russau   my x-father-in-law had two acres of property(2 sid...   Jul 13 2006, 04:54 AM
- - plp.001   Russ and all RS 2477 Rights of way do not have to...   Jul 13 2006, 09:14 AM
- - 59er   I don't think that this is an RS 2477 right of...   Jul 13 2006, 09:54 PM
- - 59er   Looks like this is a done deal. I guess there was...   Aug 2 2006, 08:37 PM
- - Gotgold   I joined the forum this morning, this topic regard...   Aug 15 2006, 04:15 AM
- - rehab   if the man owns the property (as in patented minin...   Aug 15 2006, 12:23 PM
- - rehab   with the 59er story, I think the guy would have to...   Aug 15 2006, 12:31 PM
- - Goldshark   When patented mining claims transfer from public t...   Jan 3 2022, 10:30 PM


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