HOW TO ASSERT YOUR RS 2477 RIGHTS
TO CROSS PRIVATE PROPERTY
Private property is increasingly being locked up by
landowners. In some cases ranches and farms are inherited or sold
and the new owners no longer understand that their roads are actually
RS 2477 public highways. They put up NO TRESPASSING signs and
lock their gates to prevent access for offroad recreation and other
activities. In other cases, land is subdivided by real estate
developers and sold to wealthy out-of-state residents for second
homes. These absentee owners are often agressively anti-access
and will often take extreme measures to keep YOU from exercising your
right to cross their property for recreation or access.
Sometimes entire "gated communities" are built, blocking access to
long-time locals. In the vast majority of cases, the roads that
are closed can be claimed as RS 2477 public highways.
You can assert your RS 2477 rights simply by refusing
to heed these NO TRESPASSING signs. You can assert your RS 2477
rights by driving on roads through private property. When such a
public road is illegally blocked by a gate, you can assert your RS 2477
rights by cutting the lock.
Here is a list of tactics that can and have been used by RS 2477
activists:
- Educate your county sheriff and commissioners about RS
2477 and your right to use roads on private land for access and
recreation.
- Do your homework. You do NOT have to prove the
existence of constructed roads. If you can find a map with a
creek
or footpath, you can claim it as an RS 2477 public highway.
- If the sheriff threatens to cite you for criminal
trespassing, make sure he knows that you can use RS 2477 as a defense
in virtually every situation. If you are on any kind of road
(including a creek or footpath, which are considered RS 2477 public
highways), RS
2477 is a valid defense.
- Use the threat of lawsuits against uncooperative
landowners. Many owners are not wealthy and cannot afford to
defend against an RS 2477 lawsuit. If possible, get your county
commissioners to help.
- RS 2477 lawsuits can take many years to resolve,
forcing landowners to capitulate even if you cannot prove that a road
is valid under RS 2477. One case in Colorado has been going on
for six years, costing the landowner more than $100,000. Most
ranchers and farmers will simply back down and open their gates when
threatened with legal action, even in cases where it cannot be proven
that their road is an RS 2477 public highway.
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