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Noel calls ruling on roads big loss
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

State Rep. Mike Noel says a federal judge's ruling demanding that Kane County take down signs in the Grand Staircase-Escalante National Monument is potentially devastating to Utah and the state will appeal the ruling.

"This is probably the most egregious loss we would have on our roads in the history that I know, back to 1976" when Congress passed a federal lands management act, Noel, R-Kanab, said.

U.S. District Judge Tena Campbell ruled that the county could not simply post 39 county road signs inside the monument and claim the roads as county rights of way.

Instead, the counties must go to court to show they should have ownership of the disputed roads across federal lands.

A 2005 ruling by the 10th U.S. Circuit Court of Appeals said that state law should be the standard for a county to prove ownership of a road. In Utah, that means 10 years of continuous use prior to 1976.

Noel, who lives in Kane County, said Campbell's ruling "basically guts" the ruling from the 10th Circuit, which the counties had hailed as a victory, making it easier for the counties to gain ownership of roads.

"It took away the things the 10th Circuit gave us," said Noel, who said the limited access could cost the state $150 million in mineral royalties. "It will be a major, major impact on the state of Utah."

Noel said he has met with House Speaker Greg Curtis, the new legislative general counsel, Lt. Gov. Gary Herbert and Gov. Jon Huntsman Jr.'s lawyer and he anticipates appealing Campbell's ruling to the 10th Circuit.

"There will be an appeal on this. It's very, very important," said Noel.

Herbert said that remains to be seen. He and others have been briefed on the ruling and the effect of the ruling is being digested.

"Then the state, led by Governor Huntsman, will say, 'Here's what we ought to do. Here's where we ought to be and here's how we protect Utah's interests.' "

Judge rules Kane County must prove in court ownership of roads over federal lands
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