- Utah won a federal court ruling for rights of way to Hole in the Rock Road and House Rock Valley Road.
- Attorney General Derek Brown praised the decision, saying "Utah knows best how to actively manage its land."
- His office emphasized ability to provide essential access to recreational areas on public lands.
SALT LAKE CITY — In what has been a protracted and contentious legal battle, the state of Utah scored a victory in a federal district court ruling that ensures access to a pair of contested roads in rural southern Utah — for now.
The Kane County v. United States_ _case before the U.S. District Court of Utah declared earlier this month that Utah and two counties own legal rights of way for Hole in the Rock Road and House Rock Valley Road.
"Utah knows best how to actively manage its land. We are pleased that a judge has agreed with the arguments our office made," said Utah Attorney General Derek Brown in a post on X.
"We remain committed to protecting, improving, and enhancing access to these lands for all Utahns who wish to enjoy them."
The office said this is why it should matter to Utah residents:
"These two roads provide essential access to recreational areas on public lands. To assist states and counties build and maintain roads on public lands, particularly in the western United States, Congress passed a law known as RS2477. Although the law was repealed in 1976, existing roads remained under local control."
It added that for decades, the federal government has been involved in legal disputes with the states and counties regarding control over the roads.
Access versus protection
Under contention in Utah courts for more than a decade, the RS2477 issue epitomizes the public lands fight involving environmentalists, counties, industry, ranchers and shared-access advocates.
In 2012, the state of Utah filed 22 lawsuits involving RS2477 rights to the roads.
The dispute involves rights of way access granted by the federal government in 1866 for the development of transportation systems. Although the congressional act establishing those rights was later withdrawn in 1976 with a new federal land planning act, the access rights of local government were supposed to stay intact.
"Without local management, these roads have become damaged, and counties cannot step in to repair them. This not only threatens public access to recreational areas, but it can also complicate essential services, including wildfire management and search and rescue operations," the Utah Attorney General's Office stressed.
The decision came as the result of a bench trial in 2020, pitting Garfield and Kane counties and the state against the federal government over access to the roads. The Southern Utah Wilderness Alliance was an intervenor in the litigation, arguing against granting rights of way.
The state argued that access was essential.
We remain committed to protecting, improving, and enhancing access to these lands for all Utahns who wish to enjoy them.
–Utah Attorney General Derek Brown
In the memorandum decision, Judge Clark Waddoups said the federal government failed in its presentation of the case.
"In particular, the United States contends plaintiffs have failed to show the two roads were constructed and that they meet the definition of a highway. The court disagrees. Even when drawing all reasonable inferences in the light most favorable to the United States, plaintiffs have presented sufficient evidence," the decision said.
"Accordingly, the court grants plaintiffs' motions for summary judgment."
Access to these so-called RS2477 routes has been the fodder of many a legal fight in Utah and elsewhere in the West.
Garfield County Commissioner Leland Pollock said the ruling means the road can actually be improved to enhance public safety as well as that access.
"We will finally be able to upgrade the road. We have title to the road," he said. "The federal government closed many roads throughout the western United States and we learned that we have title. We have always felt like we had title and we have proven that in court."
Opponents to increasing access to the RS2477 routes say a whole host of consequences lie in wait should that happen — sensitive species such as sage grouse are at risk, scenic landscapes will be despoiled and priceless cultural artifacts could be forever destroyed.
"These roads to nowhere are being used by vandals and looters to pillage our collective past for personal gain or selfish curiosity," argued Jerry D. Spangler, executive director of the Colorado Plateau Archaeological Alliance. "And with each looter's pit, a page of Utah's past is ripped away and lost forever."
Those words may have been spoken in 2012, but they still resonate among critics who say Utah's game plan for RS2477 routes is destructive.
Pollock and the state disagree.
"It was a bad day for the Southern Utah Wilderness Alliance and a good day for public access. These detractors are driven by selfish interests."
