Easement Alert

This alert applies to foothills property owners who have existing road access that traverses in whole or in part over BLM (public domain) lands or Forest Service (reserved from public domain) lands, and the land owner does NOT have a documented easement authorization from the appropriate agency.

The existing road MAY be a prior right against either the public domain or the reserved National Forest lands. Such a right would come under the authority of Revised Statute 2477. Several criteria for establishing such a prior right must be met, and are too numerous to mention in this alert. However, an owner can take the first step in making such a determination by searching for evidence that documents that the road was built prior to the reservation of the National Forest in the specific area or prior to the passage of the Federal Land Policy and Management Act of October 21, 1976 for BLM lands.

An initial search should include the public records of the BLM (State Office-Lakewood), public libraries and the historic map files of the USGS (Lakewood Federal Center).

Once documented evidence is found a landowner should seek appropriate regulatory and/or legal advice before filing appropriate documents to properly assert this legal right of access.

A major national effort is being made to review federal land road policies and management of existing roads. It is for this reason as well as other more local efforts to close roads that land owners should review there situation in the near future and take action to assert any right they may still possess.

Charles J. Hendricks
Retired U.S. Forest Servic