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ticked off
02-28-2007, 02:40 PM
no one including blm forest service can close roads.
only a public entity like city or county can abandon or close a public road. but they must follow strict legal rules this includes two main requirments. advertising and public vote. only the public can close the road blm is not the public.
any road used by the public must remain open in utah until legal steps are finished. if the forest or blm closes a road and puts up a sign just tear it down and go through. blm ect can not just close the road like they try.
their is a lawyer in brigham city utah by the name of bunderson that represents the state and has told blm and forest service they can not just close the roads even in wilderness areas they told my father at a meeting to just pull up the sign and go through if you get a ticket to call him.
a public road is any road that has been used by the public for ten years this can be even one person one time under the ten year law requirment when ever neccessary and conveinent even if gated or locked. see new case law oakelberry vs. county.
i know i lost a road just reasently to the public eventhough it was blocked during the ten years.
the way the new case law reads any road is public that has existed for ten years.
it may be over turned in the supreme court. i will keep you notified if it does. but until then i would take advantage of it.
the law will stay the same but the requirments for blockage like type and duration of the blockage may slightly change to defeat public road statue.
I can almost garauntee that any road on blm or forest or school trust has never been blocked if it has been in existance for ten years.
the requirements to establish a public road has been designed to take roads from private individuals but it also works in your favor against blm ect.
the thing you need to remember is, has the road or beaten path been in existance for ten years. once it is public it can not be lost unless public follows legal requirment to abandon the road. not blm or forest.

GaryB
03-01-2007, 08:29 AM
Uhm...wha...okay.

Little rambled but I think I get your gist. Unfortunately, the BLM can close roads, though they have to do it through a set of proceedings. The problem really is they can close roads (how ever they want to) and the public has to put up the coin and time to fight them, not something everyone has.

We've had a few roads closed around here that no one knew were in danger of closure, or we would have shown up to fight it. The really weird part here is the southern BLM is closing roads, and the middle to northern end is opening them up and creating OHV's :confused:


Some day though, they'll have all the roads closed, and we'll be able to disband the BLM, Forestry, etc. Then we can all go back to doing what we did before, enjoying our land.


Save a tree, wipe with a tree hugger.