USA-ALL :: Responsible Access For All

Utah Shared Access Alliance

Thursday September 16, 2010

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Dear Member,

Many said, "It couldn't be done." or that Kane County was wasting tax payer dollars fighting a hopeless battle. Well folks Kane County have proven all the nay-sayers wrong!

In the past few weeks Kane County's long battle with the federal government over the ownership or title to many roads has had significant developments. Kane County has now secured clear title to 5 of their contested roads. The battle is far from over but the future looks good.

The commissioners in that county have been aggressive, strategic, and incredibly committed to protecting access to public land and county property rights. As far as we can tell there isn't a single other county in the state or possibly the country that has secured even 1 title to a contested road much less 5. Not 1 road despite a huge 5 year effort to record and claim rights of way in a process that the governor's office has managed. That process has yet to yield a single road for the state or any county.

Kane County chose to be involved with the state process but also to take up their own fight in their own way. Kane County Commissioner, Mark Habbeshaw, has often told me that he felt a fiduciary responsibility to aggressively fight for the ownership of many roads. I can tell you from many years of working with Commissioner Habbeshaw that he is a brilliant and committed man. He is not the radical, reckless cowboy that many in the press have hinted at. He, his fellow commissioners, Attorneys Shawn Welch and Mike Lee, and Representative Mike Noel have done more to protect county and public property rights than any other government entity. What they have accomplished benefits not only the citizens of Kane County but of all of Utah and even all of the country. They have now established and proven a successful legal model by which other counties may now follow.

This brings me to my next point. It's time for other counties to throw their hats into the ring and follow Kane County's lead. If all 29 Utah counties would do the same thing we could resolve many contested road in short order.

We encourage the state and counties to reevaluate their methods and approach. We want to see this type of action and success in counties all over our state. It will still take some time, courage, and commitment. The environmental community and federal government will undoubtedly throw every road block possible at us. We like Kane County must see this for what it is. That is a local government's responsibility to fight for a public property right. These contested roads are owned by the people of the counties and state of Utah. These roads have real value. If they were piles of gold or county buildings wouldn't we aggressively defend our ownership of them? Would we allow federal agencies to take control of them? Then why wouldn't we do the same for these roads?

You will also get an additional email from us today telling you about a HUGE celebration in Kane County on Sat the 25th. Come celebrate with us and meet the players involved in these important battles. You can also ride many of these roads and enjoy the beautiful area. Stay tuned for more on that.

HOORAY FOR KANE COUNTY! SWEET VICTORY! Now let's go get the rest of these roads. Are you with us?

Sincerely,

Michael Swenson
Utah Shared Access Alliance

Kane County Press Release Grading Road

September 14, 2010

PRESS RELEASE

U.S. acknowledges four additional R.S. 2477 highway rights-of-way in Kane County lawsuit

The United States acknowledged four more R.S. 2477 rights-of-way in a Kane County and State of Utah quiet title suit filed in U.S. District Court. The Sand Dunes, Hancock, Mill Creek and Bald Knoll roads join the recently acknowledged Skutumpah road as public highways under County jurisdiction as they cross federally managed lands.

These five roads, totaling approximately seventy-five (75) miles, provide public access to communities, private property, grazing allotments, mineral resources, and to numerous scenic locations including the Coral Pink Sand Dunes State Park. The County now has the requisite authority to repair the roads to correct public safety hazards and will maintain and sign the roads consistent with County and State highway standards.

The full scope of the rights-of-way, along with the validity of seven other roads in the lawsuit, will be determined by the U.S. District Court. Kane County remains hopeful that with further court guidance, the Department of the Interior and the Bureau of Land Management will be able to acknowledge the public's highway rights across federally managed lands without the tremendous cost and delay of litigation.

About Us

USA-ALL Has been aggressively fighting for and protecting access to public land in Utah since 1998. We are a non-profit organization with a small staff with 1 employee and many volunteers. Your contributions are needed to help us continue our work on your behalf.