DUCHESNE -- Duchesne County commissioners are "reluctant" to accept a state offer inviting the county to join a "quiet title action lawsuit" against the Bureau of Land Management. The suit is intended to protect rights-of-ways on public lands.
Duchesne is probably an anomaly for not wanting to jump into the fray, said Commissioner Larry Ross."We would prefer to talk and negotiate rather than going to court at this point in time," Ross said. "It appears the lawsuit is going to cost millions and it's going to be a long time in the courts. We think we can do better than that."
At issue are federal government claims that some rights-of-way -- which counties maintain have been long established -- should be abandoned or go unrecognized because they do not meet federal guidelines.
The dispute arose after Congress repealed RS2477 in 1976, the law that had governed establishment of roads on public lands. In repealing the law, Congress stipulated that all valid rights-of-way in existence prior to Oct. 21, 1976, would continue in force.
And that is the nub of the dispute. The U.S. Department of the Interior has sought to invalidate most rights-of-way, claiming they were improperly filed, have not met use requirements or are simply not needed.
"We want to sit down with the BLM office in Vernal and go through every one of these (rights-of-way filings), and I think they would be agreeable to doing that with us," Ross said. "If the BLM has the ability to sit down with the county and agree on the rights-of-way with perpetuity, then that's what we're looking for . . . that's a binding situation."
The county has worked over the past year to identify every section, trail, track or road that would come under the RS2477 definition. The information is compiled in four large books, each about three to four inches thick. The data were compiled from maps in existence prior to the 1976 repeal.
"Duchesne County fully understands the significance of rights-of-ways for public and private use," Ross said. "We anticipate that after an extensive review of all 2477 issues, we will place a value on each right-of-way we feel is important for future growth and protection. Our decisions will be governed by multiple use and the need for road access to accomplish our goals."
The county plans to submit a detailed list of the rights-of-ways it believes "are important and needed for the people."
Commissioners are working with the county's Public Lands Committee -- which acts in an advisory capacity -- to complete the list that will be submitted to the BLM. Ross said some committee members have expressed concern over the state's lawsuit.
"It wouldn't surprise me that if in 10 years the court said, 'Why doesn't everybody just sit down and work these things out?' " Ross said.