The state last week provided the agency copies of six general highway maps dating back to 1950, plus additional information about the roads in Beaver, Daggett, Millard and Iron counties in response to environmental critics who had challenged the claims because of what they said was skimpy documentation.
"These maps, along with the strong evidence already provided, demonstrate that the state of Utah and the counties owned and controlled these rights of way for decades prior to 1976," Attorney General Mark Shurtleff said in a statement.
Congress in 1976 repealed an old mining law that guaranteed rights of way across public lands, but grandfathered in roads that existed prior to that.
The memorandum of understanding was signed in April 2003 by then-Gov. Michael Leavitt and Interior Secretary Gale Norton, creating a new process for the state to claim roads without litigating them in court.
But the future of the memorandum may be in doubt following a recent appeals court decision that recognizes the state's standard of 10 years of continuous use to claim a road. Prior to that, under BLM policy, the state and counties were required to show proof of "mechanical construction."
Norton said last week that the agency is now revising its road-claim policy to reflect the 10th Circuit decision; the memorandum, she added, would likely see at least some adjustments.
- Joe Baird


