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Abandonment for R S 2477 Rights of Way

 
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beebarjay



Joined: 30 Dec 2011
Posts: 230
Location: Central Oregon Coast & Az

PostPosted: Tue Feb 14, 2012 5:40 am    Post subject: Abandonment for R S 2477 Rights of Way  Reply with quote

I believe this is worth some consideration and discussion

"ABANDONMENT & STATUTE OF LIMITATIONS - FEDERAL PERSPECTIVE:

(From pg. 15 of the Draft R.S.2477 Report of March 1993)

"Current policy and case law do not recognize any form of Federal provision for abandonment of R.S. 2477 rights of way. In the absence of a waiver of sovereign immunity, no one, including State and local governments, may challenge the title of the United States to Federal property. In recognition of this, Congress passed a quiet-title statute that now appears at 43 U.S.C. Section 2409a. It allows those who have been put on notice that the United States has a claim adverse to their property interest to file a law suit to quiet-title. However, the statute also provides that quiet-title action must be filed within 12 years of the date the affected party discovers the Federal claim. R.S. 2477 rights-of-way are easements and, therefore, interests in land subject to the quiet title statute. If they are not acted upon within 12 years of the date the Federal Government takes action that is consistent with their existence, then arguably, they are gone whether they existed in the first place or not. This would be true where Congress established a wilderness area, where BLM designated an area as a Wilderness Study Area, or where the U.S. Forest Service blocked off a former right-of-way and no one had acted on it for over 12 years."

bejay


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