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Others fighting the battles to keep your access open
Mineral Estate G...
post Oct 4 2015, 04:18 PM
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This was a forwarded email received today:

From: Linda
Date: October 4, 2015
Subject: My apologizes to the County Commissioners

Good morning!

First, allow me to apologize. I can understand how you would be offended with my remarks because I know that you work hard for the community as a whole. My remarks come from exhaustion and a torture of my soul.

I mourn the loss of my country due to out of control government and the parasitical feed that it has with big corporations. My grief is out of the love of my country and my fellow countrymen and women.

I have fought the battle of overreach and outright corruption for 25 years. I was actively involved in, at least, slowing down "sustainable development" in Montrose County in 1992 and with the work of the County Commissioners we were able to keep control of the county and the feds out to the extent possible by law. In 1995 I sued two BLM officers, the Montrose County Sheriff and six Deputies in regards to the feds having no jurisdiction over the roads. The sheriff agreed and had the BLM step down.

Nothing has changed since that time except that our local boards and sheriffs are refusing to fulfill their duties and responsibilities to the People.

C.R.S. 29-20-104 empowers local governments to regulate, with respect to the establishment of, roads on public lands administered by the federal government; this authority includes authority to prohibit, set conditions for, or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U.S.C. 932 (R.S. 2477).

C.R.S. 43-1-202 establishes all roads and highways which are, on May 4, 1921, by law open to public traffic as public highways within the meaning of part 2.

C.R.S. 43-2-201 declared all roads over the public domain, whether agricultural or mineral to be public highways.

The court determined in Simon v. Pettit, 687 P.2d 1299 (Colo.1984) that "State law controls how a highway is established for purposes of R.S. 2477 rights-of-way not a federal administrative agency. Colorado has adopted a broad definition of what constitutes a "road" or "highway". C.R.S. 43-2-201 (2000).

The federal government has no road laws; those are and always have been left to the state and the counties.

Although, you may be new to the argument of county and state jurisdiction, I am not. If the community wants the public lands shut down then by all means shut it down, but keep the feds out.

Again, please accept my genuine apology.

Sincerely,
Linda
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Crusty
post Oct 6 2015, 06:04 AM
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