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Off-roaders rally for rights
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated.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.

CEDAR CITY - The purpose of government is to to uphold the rights of the people.

That was part of the message Dan Jessop wanted to get out Saturday as he returned to where he received a citation from the Bureau of Land Management for riding on the Canaan Mountain Road in Washington County in May 2006.

About 60 supporters also drove four-wheel drive vehicles to where “No Vehicle” signs block the road of deep red sand.

Supporters purchased raffle tickets and signed form letters to be sent to county, state and federal elected officials. The letters asked officials to help preserve access to the road and included a space for personal comments.

“This action today is in response to the County Commission and other government officials who refuse to believe this is an RS2477 road,” said Jessop.

Under RS2477, a Civil War-era mining law that granted rights of way across federal lands, Jessop said the public should have access to the road that leads to Canaan Mountain, which historic sawmills used decades ago.

Although RS2477 was repealed in 1976, existing roads were grandfathered in under provisions of the statute that Jessop and his allies believe applies to the Canaan Mountain Road.

Ever since receiving the $300 ticket two years ago, Jessop has been fighting it in court.

He was found guilty by a U.S. magistrate in St. George in April of the offense and ordered to pay the fine after spending more than $38,000 defending himself.

An appeal of his conviction was filed with the U.S. District Court in Salt Lake City on May 13 and is waiting to be heard.

Jessop claims it could cost well over $25,000 to defend the appeal.

Jessop, and others at the rally, complained that county commissioners said they would support efforts to reopen the road, but that support has dissipated because it might affect a county land bill now before Congress that will set the future of the county's public lands use.

County commissioners were out of town Saturday, except for Dennis Drake, who had previous commitments, which kept him from attending the rally. Drake believes the road in question was among a number of roads the county wants left open under RS2477, filed with the Utah Attorney General. He said the commission is supportive of Jessop and his fight against the government.

“The sad part is the road was originally closed in 1981 or 1982 and nobody filed a protest at the time and everything is coming out now,” Drake said. "We're still perplexed as to how it will play out.”

Among those at Saturday's rally was J.H. Frost, who said he has been enjoying the Canaan Mountain Road since the 1960s.

He claims the closure was an administrative act by the BLM that did not have the authorization of Congress as required.

“What we lose here with this closure, we'll never get back if people don't fight,” said Frost, an Orderville native now living in Washington City.

The BLM has countered that the closure is valid because the road winds through a wilderness study area on agency property.

The most emotional reminiscence of the road from Jessop's supporters on Saturday came from Cedar City resident Sheldon Prestwhich, 77, who said all his life he was told how beautiful the view was from Canaan Mountain, but that he never saw it until last year.

“I didn't want to break the law, but a friend took me up there saying it would probably be worth the [fine] if caught,” said Prestwhich. “You can't put a price on Canaan Mountain.”

When describing his trip to the summit of Canaan Mountain, he seemingly had to hold back tears.

“We went through such beauty and grandeur you can't take it all in,” said Prestwhich. “If I had the chance for a monthlong cruise or a day on Canaan Mountain, I'd take the mountain.”

mhavnes@sltrib.com

Dozens of protesters gathered to ask officials to allow vehicle access
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