Appeals Court rules against Kane County in Road Case
A panel for the 10th Circuit Court of Appeals ruled in September that Kane County, Utah acted illegally when it replaced federal signs restricting off-road vehicle use in the Grand Staircase-Escalante National Monument and other Bureau of Land Management areas. In 2003, the County removed BLM
signs and put up their own, inviting off-roaders on hundreds of roads within and around the monument.
The County asserted that the antiquated R.S. 2477 statute gave them authority over road management. In 2005, the Southern Utah Wilderness Alliance and The Wilderness Society filed suit, and in 2008 a District Court ruled against Kane County, saying it had not proved that it had authority over the roads.
The Appeals Court panel agreed with the District Court, although one of the panel’s three justices dissented. The panel did not rule specifically on the validity of the county’s R.S. 2477 claims, however. At press time, a separate trial on R.S. 2477 claims is being heard in U.S. District Court in Salt Lake City. In that case, San Juan County is arguing that the National Park Service had no right to close the Salt Creek Road in Canyonlands National Park because it qualified as an R.S. 2477 road.
It’s uncertain whether Kane County will appeal the 10th Circuit panel decision. If they do, the case would be heard by the entire 10th Circuit Court. There are over 900 miles of open road in the Grand Staircase-Escalante National Monument.
signs and put up their own, inviting off-roaders on hundreds of roads within and around the monument.
The County asserted that the antiquated R.S. 2477 statute gave them authority over road management. In 2005, the Southern Utah Wilderness Alliance and The Wilderness Society filed suit, and in 2008 a District Court ruled against Kane County, saying it had not proved that it had authority over the roads.
The Appeals Court panel agreed with the District Court, although one of the panel’s three justices dissented. The panel did not rule specifically on the validity of the county’s R.S. 2477 claims, however. At press time, a separate trial on R.S. 2477 claims is being heard in U.S. District Court in Salt Lake City. In that case, San Juan County is arguing that the National Park Service had no right to close the Salt Creek Road in Canyonlands National Park because it qualified as an R.S. 2477 road.
It’s uncertain whether Kane County will appeal the 10th Circuit panel decision. If they do, the case would be heard by the entire 10th Circuit Court. There are over 900 miles of open road in the Grand Staircase-Escalante National Monument.
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