Public Land Access Association
Public Land Access Association is relentless in the battle against the BLM and keeping access open to everyone. We have spent hundreds of hours researching roads that are protected right-of-ways, although the BLM intends to close them.
Public Land Access Association is dedicated to assisting and educating our elected officials and empowering and advocating for our fellow Coloradans in the opening of all legally granted rights-of-ways on public land.
We have the most amazing attorney that wants to work with us and our public officials to fight for land access. Our attorney is the most versed in land route jurisdiction that we have found.
Using the law, we define, defend and work with our public officials to retain access to public lands for everyone.
It is the authority and obligation of our County Commissioners and Sheriff of every county to ensure the public health, safety and welfare of the community.
The BLM never considers or observes congressional authority and does in fact close off land routes that are protected rights of way under an unambiguous R.S. 2477 grant found within the 1866 mining laws and codified at 43 U.S.C. 932.
Although R.S. 2477 was repealed on October 21, 1976 by Federal Land Policy and Management Act (43 U.S.C. 35), R.S. 2477 right-of-ways (FLPMA 43 U.S.C. 1701 et. seq.), in existence at that time, continue to be protected by congress. Nothing in FLPMA had any effect of termination in regards to an existing right of way (FLPMA sec. 509 and 701). Federal administrative agencies entrusted with the management of public land, are subservient to and must act in accordance with the congressional dictates of FLPMA.
The R.S. 2477 (43 U.S.C. 932) grant was accepted by establishing a public highway in any manner recognized under State law. No approval or record was or is necessary.
C.R.S. 29-20-104 empowers local governments to regulate, with respect to the establishment of, roads on public lands administered by the federal government; this authority includes authority to prohibit, set conditions for, or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U.S.C. 932 (R.S. 2477).
C.R.S. 43-1-202 establishes all roads and highways which are, on May 4, 1921, by law open to public traffic as public highways within the meaning of part 2.
C.R.S. 43-2-201 declared all roads over the public domain, whether agricultural or mineral to be public highways.
State law controls how a highway is established for purposes of R.S. 2477 rights-of-way not a federal administrative agency. Colorado has adopted a broad definition of what constitutes a "road" or "highway". C.R.S. § 43-2-201 (2000); Simon v. Pettit, 687 P.2d 1299 (Colo.1984) (depending on the context, a footpath may be considered a highway). Under R.S.2477, this includes roads created by the "passage of wagons, etc." Central Pacific Ry. v. Alameda County, 284 U.S. 463, 52 S.Ct. 225, 76 L.Ed. 402 (1932).
Impairing the rights of the State by barricading right-of-ways is an act of police power which violates the 10th Amendment of the United States Constitution and Section 701 of FLPMA.
If these right-of-ways are barricaded it will have the same effect as abandonment over a period of 7 years per state law.
In the closing of protected right-of-ways the federal agency has already gone beyond constitutional restraints and stepped outside the authority that was delegated it by Congress.
Protection of an intrusive federal government lies at the feet of the local and state governments and these remain subservient to the demands of the people.
Be a major part of this movement! Please donate today!
Friends of Access; We are getting calls from around the Western US as the fed take over of land and resources is ubiquitous and must be reined in.
Will every able bodied man, woman, and child step up to help us keep our land open?
Please visit our current projects page and help out with donations and let us know how you can help.
At Colorado Mesa University, Public Land Access Association hosted the expert 43 year attorney James Beckwith. He taught a room filled with Sheriffs, County Commissioners (all from Colorado and Utah), Mayors, BLM, USFS, County Attorneys, Road & Bridge crews, Congressman Tipton's office, and lots of PLAA supporters, right-of-way laws in Colorado.
It is nice to finally have so many counties on the same page and we are grateful to all of our supporters that made this possible.
Marjorie Haun wrote a beautiful article explaining more details of the presentation. You can access the article here.