Trouble near Boulder, Jeepers trying to claim private road |
Trouble near Boulder, Jeepers trying to claim private road |
Jun 4 2006, 10:05 PM
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#1
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Diggin' In! Group: Members Posts: 19 Joined: 22-April 05 Member No.: 246 |
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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Jun 17 2006, 08:14 AM
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#2
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Diggin' In! Group: Members Posts: 19 Joined: 22-April 05 Member No.: 246 |
I did a little research.
A couple weeks ago a judge in Idaho ruled on appeal that it is not sufficient to prove that a road existed prior to land being withdrawn from the public by a patent or reserved for public use. In addition, the road must be shown to have been accepted by the public, and the test for accpetance is 5 years of regular use (occasional use is not enough, according to this judge). The burden of proof is on the party claiming a public road. This ruling overturned a decision last year by the Idaho County Board of Commissioners. This might be the five years that Jerry referred to. It's a lot harder to create an RS 2477 right of way than many people think, and like I said earlier, counties are learning that it might be easier and cheaper just to negotiate purchases of rights of way if they serve a public need. The case was heard by the District Court of the 2nd Judicial District of the State of Idaho. It was called Galli v. Idaho County. It was filed June 2, 2006. |
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