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RS 2477 and Private Property

Slideshow of Moffat County Claims

RS 2477: A Threat to Our Special Places
in the Southern Rockies

Colorado is home to many wonderful places; our national parks, wildlife refuges, national monuments, roadless forests, spectacular canyon country and other pristine wildlands are the foundation of our states' economy and our citizens' quality of life. These places are under threat due to an obscure, one sentence provision in an old law known as Revised Statute (RS) 2477. This ancient law states:

"The right of way for construction of highways over public lands, not reserved for public uses is hereby granted."

RS 2477 was enacted to provide for western expansion durning the homstead era. Congress repealed the law in 1976 but protected pre-existing valid RS 2477 rights-of-way.

The Problem

Moffat County claims 20 miles of the Yampa River as a "constructed highway." Photo courtesy of Colorado Environmental Coalition

The uncertainty that surrounds this issue has opened the door for abuse. Individuals, municipalities, and others interested in undoing protections for national parks and wilderness, as well as irresponsible motorized recreationists seeking to create playgrounds on private property have claimed footpaths, historic cattle trails, creek beds, game trails, horse trails or two-tracks meandering into the desert as "constructed highways." Some of these asserted highway claims cross Wilderness Areas, National Parks, National Monuments, and Wildlife Refuges.

The consequences of inappropriately addressing RS 2477 highway assertions are significant and wide-ranging, especially to a state like Colorado that derives significant revenue from hunting, fishing, recreation, and tourism. Our national parks, refuges, monuments, wilderness areas, and forests are integral to our tourism economy, and critical to elk, deer, bighorn, cold-water fish, and other species. Approving inappropriate RS 2477 highway assertions across these special places will have long-term negative impacts on our wildlife, water quality, and our outdoor-based economy.

The Solution

RS 2477 demands a careful, thoughtful, and national solution. Because RS 2477 is a national issue that affects federal lands such as national parks, forests, refuges, and monuments, it deserves a national solution with plenty of input from states, counties, and citizens. Solutions must involve:

• Comprehensive opportunities for the public to be heard;
• Established deadlines for asserting claims of RS 2477 "constructed highways";
• Heightened protection for National Parks, Wildlife Refuges, and other special places; and
• Standards that ensure only "highways" that were "constructed" be recognized.

RS 2477 Around the West

For more information on the RS 2477 around the west, visit the Highway Robbery site.