PLAN Jeffco adopts RS 2477 resolution

PLAN Jeffco recently passed a resolution urging Jefferson County to act to protect open space from a legal loophole that dates back more than 135 years. Revised Statute (RS) 2477 came into being in 1866 and was originally intended to protect investment in highway construction during western expansion in the homestead era. The law simply states:

Congress repealed the law in 1976, but created a loophole by not clarifying which roads continue to be valid rights-of-way. The uncertainty that surrounds this issue has opened the door for abuse. Individuals, municipalities, and others interested in undoing protections for national parks, open space and wilderness, as well as irresponsible motorized recreationists seeking to create playgrounds on private property have claimed footpaths, historic cattle trails, creek beds, game trails, horse trails or two-tracks meandering into the desert as "constructed highways." Some of these asserted highway claims cross Wilderness Areas, National Parks, National Monuments, and Wildlife Refuges. Jeffco Open space lands are also subject to abuse from this legal loophole.

The consequences of inappropriately addressing RS 2477 highway assertions are significant and wide-ranging, especially to a state like Colorado that derives significant revenue from hunting, fishing, recreation, and tourism. Our open space, national parks, refuges, monuments, wilderness areas, and forests are integral to our tourism economy, and critical to elk, deer, bighorn, cold-water fish, and other species. Approving inappropriate RS 2477 highway assertions across these special places will have long-term negative impacts on our wildlife, water quality, and our outdoor-based economy.

RS 2477 demands a careful, thoughtful, and national solution. Because RS 2477 is a national issue that affects federal lands as well as local, state and private lands, it deserves a national solution with much input from states, counties, and citizens. Solutions must involve:

Colorado is quickly becoming a national leader on this issue with groups like PLAN Jeffco adding their common sense voice to the discussion. Already our State Senate (with overwhelming bi-partisan support) has passed a resolution that called on Congress to enact legislation that would clear up the ambiguities around this issue. Colorado Counties Inc. has been discussing this issue with several counties from around the state. Individual counties have passed resolutions that call for a national policy to put this issue to rest once and for all. Congressman Mark Udall has drafted legislation that is a good start in furthering the discussion and debate on the national level. The issue of resolving R.S. 2477 is a bi-partisan one, as evidenced by the diverse voices weighing in around Colorado. As a whole, Coloradans should be proud of the direction that some of our state and local leaders are going on this issue.