HOTT Newslinks December 19, 2008

Veritas News Exclusive
19 December 2008
John Doyel, Shamley

How To Re-Claim Your Land, Counties and States!

If you have already listened to our documented audio series’ on “Allodial Title”, “History of Property Rights” and “Limits of Federal Jurisdiction” available at the Hour Of The Time, you will be well aware of the process involved below. If not, then you need to listen to the documentation and you will realize what you have been missing in your research curriculum.

Hour Of The Time with several of our research partners has brought you the most up-to-date material on re-claiming our land available anywhere on the internet or the air. Below is a written set of instructions, step-by-step, of the process as well as a form to submit, all legally backed and researched.

Remember ladies and gentleman, if you do not do it for the good of freedom and the republic, no one will.


Instructions for Preparing an RS2477 Claim
On BLM and National Forest System Lands


Introduction
Access within and across BLM and National Forest system lands is an issue of concern to local governments, emergency service providers, commercial operators, interest groups and private citizens. One way to acquire access is through the successful establishment of an RS 2477 claim.

In summary, RS 2477 (short for Section 2477, Federal Revised Statutes), was a provision included in an 1866 mining law to allow continued public access in and across lands removed from the public domain. This provision of law states, “The right-of-way for the construction of highways over public land, not reserved for public uses, is hereby granted.” (An Act Granting Right of Way To Ditch and Canal Owners Over The Public Land, and for Other Purposes [Mining Law of 1866], Act of July 26, 1866, ch. 262, § 8, 14 Stat. 251, codified at R.S. 2477, recodified at 43 U.S.C. § 932)

When this law was repealed by Congress in 1976, those “public” roads existing on BLM lands prior to 1976 were, and continue to be exempted from this repeal. On National Forest system lands, those public roads existing at the time the forest reserve was created (or annexed) were also exempted from this repeal. (Pub. L. No. 94-579, § 706(a), 90 Stat. 2793 (1976); see also Recognition of R.S. 2477 Rights-of-Way under the Department of the Interior’s FLPMA Disclaimer Rules and Its Memorandum of Understanding with the State of Utah, United States General Accounting Office Washington, DC 20548 B-300912, February 6, 2004, and Highway Rights Of Way On Public Lands: R.S. 2477 And Disclaimers Of Interest Congressional Research Service Report For Congress (received through the CRS web) Order Code RL32142, November 7, 2003.)

Examples of RS 2477 rights of way on BLM or National Forest lands include:

a. a right of way that leaves a county road, enters federal land, continues through federal land and returns to a county road.

b. a right of way that begins on federal land continues through federal land and ends on federal land.

c. a right of way that leaves a state highway or county road, enters federal land, and continues to private property.

d. a right of way that leaves a state highway or county road, enters federal land, and continues to state land

e. a right of way that leaves a state highway or county road, enters private land, continues to federal land, and ends on federal land, a state highway, or a county road

f. a right of way that leaves a state highway or county road, enters State land, continues to federal land, and ends on federal land, a state highway, or a county road. (see Amended R.S. 2477 Inventory Protocol: Perfecting R.S. 2477 Assertions in Moffat County, Colorado, May, 2005.)

All RS 2477 claims are likely to be challenged on the grounds of either state or federal law, depending on the state you live in. In Arizona, for example, an RS 2477 challenge is most likely to be decided on the construction of federal law due to the Federal Ninth Circuit’s general reliance on federal law to interpret RS 2477 claims. Conversely, an RS 2477 case in Colorado is likely to be decided on the construction of Colorado State law, due to the Tenth Circuit’s reliance on state law to interpret RS 2477 claims. (see Federal Regulation of R.S. 2477 Rights-Of-Way. NYU Annual Survey Of American Law Vol. 63:547, 2008. See also White Paper Review: Southern Utah Wilderness Alliance v. Bureau of Land Management Prepared by: Dr. Martin D. Moore, Research Associate
Southwest Center for Resource Analysis / Western New Mexico University, 2008)

Preparing A Claim
The following steps will assist you in preparing a verifiable RS2477 claim in your area. These involve research, documentation, and government action.

Research
1. Identify on any official federal, state, or county map the road or easement name you are seeking to claim.
a. If the road or easement is located on the map, MOVE TO STEP 2.

b. If the road or easement is not on a map, use a geographic positioning sstem (gps) to mark the coordinates for the beginning and end points of the road or easement, and take photographs of the road. Then, MOVE TO STEP 2.

2. Check the county records to see if that road, trail, or easement has been claimed as RS2477.
a. If you don’t find evidence that the county has taken official action to claim an RS 2477 road or easement, MOVE TO STEP 3.

b. If you do find evidence that the county has taken official action to claim an RS 2477 road or easement has been claimed through official county action, ask to see and receive a copy of:
i. minutes of the meeting in which the action took place; and
ii. documents and/or maps supporting the action to claim the road. These documents should include:
1. if a road crosses BLM lands, official (federal, county, or state) maps that pre-date 1976.
2. if a road crosses National Forest lands, official maps that pre-date the establishment of the forest reserve.
3. copies of County Board minutes from the time period the road was originally accepted showing that:
-the road was accepted into the county road system; or
-the county gave approval to spend funds to construct, repair or maintain the road

c. If you are satisfied that the county has back-up documentation as outlined in paragraph 2(b), STOP. YOU DO NOT NEED TO FILE A CLAIM.

d. If you are not sure that the county has adequate back-up documentation, CONSULT LEGAL COUNSEL.

e. If you are not satisified that the county has adequate back-up documentation, MOVE TO STEP 3.

3. On an official federal, state, or county map, mark the beginning point, the route, the width, and end points of the road or easement you are seeking to claim.

4. If possible, take pictures of and plot on a Geographic Positioning System (GPS) unit the beginning point, the route, the distance, the width, and the end point of the road or easement.

5. Check county records for evidence of :
a. the inclusion of the road or easement on the county or state road system; or

b. approval by the County Board to spend public funds for constructing, repairing, or maintaining the road; or

c. the expenditure of public funds for constructing, repairing, or maintaining the road.

Notes:
1. These records must pre-date 1976 for roads or easements on BLM lands. For roads or easements on National Forest lands, they must pre-date the establishment of the forest reserve.

2. To aid your search of county records, ask if your county has compiled a historic record including:

a. past County Board meeting minutes showing official actions to accept roads or easements into the county system. You will want minutes for County Board meetings that occurred:
i. prior to 1976 for roads or easements on BLM lands;
ii. prior to the establishment of a forest reserve for roads or easements on National Forest system lands.

b. past County Board meeting minutes showing official actions to abandon or remove roads or easements from the county system. You will want minutes for County Board meetings that occurred:
i. prior to 1976 for roads or easements on BLM lands;
ii. prior to the establishment of a forest reserve for roads or easements on National Forest system lands.

c. past County Board meeting minutes showing official actions to approve the use of public funds to construct, repair, or maintain the road or easement. You will want minutes for County Board meetings that occurred:
i. prior to 1976 for roads or easements on BLM lands;
ii. prior to the establishment of a forest reserve for roads or easements on National Forest system lands.

d. official county maps and road / trail / easement inventory lists created:
i. prior to 1976 for roads or easements on BLM lands;
ii. prior to the establishment of a forest reserve for roads or easements on National Forest system lands.

3. If the county has compiled historic records, ask for a copy of the records. There may be a copying charge.

4. If the county has not compiled historic records, ask for the location of:
a. Archived Board meeting minutes (often in the office of the County Clerk, County Recorder, or Clerk of the Board), dated:
i. prior to 1976 for roads or easements on BLM lands;
ii. prior to the establishment of a forest reserve for roads or easements on National Forest system lands.

b. Historic maps and road/easement inventory lists created:
i. prior to 1976 for roads or easements on BLM lands;
ii. prior to the establishment of a forest reserve for roads or easements on National Forest system lands.

c. Archived financial records, which may or may not be public record.


Documentation

In order to build a complete file for each R.S. 2477 Right of Way, the following steps are recommended:
1. Use numbers or letters, along with common names (if any) to identify each right of way for future reference.

2. Note the type of right of way. These include:
a. State Highway: recognized by State Highway road numbers.
b. County Road: recognized by County road numbers.
c. Dirt: Vegetation has been mechanically removed to bare soil. Some vegetation re-growth may occur depending on the age of the right of way or time since last maintained.
d. Two-Track: Vegetation is generally absent on each vehicle track and present between vehicle tracks.
e. ATV: Generally the same as Two-Track with approximately four feet distance between tracks. Single-track motorcycle tracks fit the ATV category.
f. Livestock: Generally single-track rights of way used for public access.
g. No Physical Evidence: The existence of a right of way can be proven despite a lack of current maintenance or use.

3. Document the use of the right of way. If available, any anecdotal explanation or discussion of the public uses should also be included. For example, if the use is “access to cabin” then any information about the owner of the cabin, when it was built, and whether it was originally part of a ranch or homestead should be included. Types of uses may include, but are not limited to:
a. connects road “a” with road “b”
b. motorcycle route for recreational use
c. access to cabin
d. maintenance of barbed wire fence
e. access to hang gliding launch pad
f. access to water reservoir or spring
g. access to mining claim
h. access to hunting location
i. access to dispersed camping location
j. access to livestock gathering place
k. access to windmill
l. access to scenic overlook
m. alternative route to “a” during heavy snow

4. Document the physical location of the right of way
a. The location of routes may be entered as a layer in a Geographic Information System computerized mapping system.
b. A database using Global Positioning System (GPS) coordinates may be used to document the exact location of the right of way.
c. Drawing on 1:24000 USGS maps or official county road maps can locate the right of way.
d. When possible, an estimated width of the right-of-way should be documented.

5. Document the approximate date or year when the right of way came into existence.
a. This can be based on date of construction, repair, acceptance, etc.

6. Document the source(s) that identifies the right of way.

7. Compile gathered information pertaining to the public usage of the right of way (e.g. trailing livestock, hunting, motorized recreation, mining, etc.)

a. Where possible, compile affidavits documenting public use of the rights of way. Affidavits detailing the use of a road in detail beyond a phrase or short sentence are important.

8. Compile ground truth evidence of the right of way. (GPS, photographs)


Government Action
1. If you are a county or state, you need to claim, through binding resolution or legislation, the RS2477 roads, trails, or easements that you have gathered evidence on.

2. If you are a citizen or private group, compile the evidence you have gathered and request that your Board of County Commissioners (or state legislature and governor) claim the road, trail, or easement as RS2477. This request should be in writing through either a letter, a resolution from your organization, or a petition with signatures. Include a complete copy of your evidence with the request.



Basic Right of Way Information
Right of Way Name or Number:

Location Description:
Township, Range, Section of Starting Point

USGS Quadrangle Map Name (if available) Latitude Longititude
Right of Way Type (circle one): state highway county road dirt two track atv livestock no physical evidence
Right of Way Use (circle each one that applies):
connect roads atv route access to land/cabin fence maintenance

access to water source access mining claim access hunting site

access dispersed camp site access livestock gathering site

fire escape route emergency vehicle access route access timber

other ________________________________ (fill in blank)

Date Right of Way Established (Approximate):
Sources Identifying Right of Way:
Estimated Length of Right of Way (in miles: Estimated Width of Right of Way (in feet):

List of Attachments
List Attached Affidavits:
List Attached Photographs:
List Attached County Meeting Minutes:
List Attached Maps or Inventory Lists:
List Other Attached Documents:
Submittal Information
Full Name:
Last First M.I.
Address:
Street Address Apartment/Unit #

City State ZIP Code
Telephone (or cell): ( ) Fax Number: ( )
Email: