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Kane County Wins legal fight over Civil War-era ro (Read 1183 times)
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Kane County Wins legal fight over Civil War-era ro
03/21/13 at 23:00:01
 
Kane County wins legal fight over Civil War-era roads.
 
full story at http://www.ksl.com/index.php?sid=24494810&nid=148&title=kane-county-wins
-legal-fight-over-civil-war-era-roads&fm=home_page&s_cid=queue-2

 
Hopefully the first of many more victories.
 
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Re: Kane County Wins legal fight over Civil War-er
Reply #1 - 03/22/13 at 07:10:01
 
Thanks for posting ,Page . I would sure like to know if the Paria was one of the roads that were won . I know that Kane County put it at the forefront  but it didn't mention the roads won by name .  
 
 
If it was ..... I vote we go for a ride !!
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Re: Kane County Wins legal fight over Civil War-er
Reply #2 - 03/22/13 at 09:18:59
 
I will be in Moab nest week I will try and get a hold of Dirk Clayson (He was my realtor for the property I purchased in Vermillion Cliffs Estates) to find out more.
 
I will post what I find out. I am also thinking of putting the property (2.5 acre lot) up for sale.
 
 Smiley Smiley Good News anyway
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Re: Kane County Wins legal fight over Civil War-er
Reply #3 - 03/22/13 at 09:21:49
 
Correction--- Kanab %#@&* must have Moab on brain or whats left of it. Smiley
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Re: Kane County Wins legal fight over Civil War-er
Reply #4 - 03/22/13 at 10:26:19
 
Here is the Tribs story on it.  Way to go Kane County.
 
http://www.sltrib.com/sltrib/news/56043106-78/roads-county-kane-public.html.csp
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Re: Kane County Wins legal fight over Civil War-er
Reply #5 - 03/22/13 at 15:12:29
 
Just read through the two decisions by Judge Waddoups.  Sadly, Paria River wasn't among the 15 roads in this case.  These were mostly larger graded or even paved roads.  Sand Dunes Road from Hwy 89 to the Coral Pink Sand Dunes, and Hancock Road, cutting off Hwy 89 near the Peekaboo trailhead and going west to join the Sand Dunes Road, were included.
 
It is absolutely absurd that Kane County had to go to Court against the Feds over roads like these.  At one point, Judge Waddoups blasts the Federal government for having the "temerity" to advance some of the arguments they did.  Kudos to the judge for actually visiting each road in person before deciding.
 
It wasn't a complete win.  Three roads in the Cave Lakes area were awarded to the feds.  The Judge also held that proving a RS2477 claim requires "clear and convincing evidence" of usage for 10 years before 1976.  This is a higher standard than usual for civil cases, but still lower than "beyond a reasonable doubt" used in criminal cases.  
 
Here are the roads.  This is a continuation of the earlier cases where the US ceased contesting some stretches, but contested others.  For some of the roads, the current case was only about the width of the right-of-way.
 
Skutumpah Road, including realigned sections. K5000
Sand Dunes Road K1000
Hancock Road K1100
Bald Knoll Road K3935
Old Leach Road K3930
Mill Creek Road
Oak Canyon  and Tenny Creek Segments from Mill Creek Road
Swallow Park/Park Wash K4360 (except for two segments)
North Swag Road K4370
Nipple Lake Road K4290
Cave Lakes Road K1070
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Re: Kane County Wins legal fight over Civil War-er
Reply #6 - 03/22/13 at 17:24:34
 
Thanks for the information .  
 
Yeah , the Parias history goes back about 140 years . It's crazy that Kane County had to go  through all this but it's good to see the ball rolling in our favor .
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Re: Kane County Wins legal fight over Civil War-er
Reply #7 - 03/22/13 at 21:44:49
 
Always nice to see any progress made at keeping long standing trails and roads staying open.  This ruling is a pleasant surprise but totally correct since the Judge went down and personally toured the roads in question.  To bad SUWA has already indicated they are going to appeal.   The battle continues but I too am surprised the Paria was not one of the trails included.    
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Re: Kane County Wins legal fight over Civil War-er
Reply #8 - 03/23/13 at 00:08:35
 
It is too bad the folks and the many who support SUWA have so narrowed their vision with blinders that they are locked into only one point of view and don't see the light.
 
We all want to protect Utah and the back country and I think most of us are more environmentalists than they will ever be.  The difference is we want to see it with our own eyes and touch it with our own senses.
 
Just because we that are of over sixty can't hike like we used to doesn't mean we have no right to see the country we pay taxes to "protect".  
 
Too bad those that send that kind of money to support a "cause" don't really see where their money really goes.
 
I will shutup now so I don't disturb our "guests".
 
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Re: Kane County Wins legal fight over Civil War-er
Reply #9 - 04/02/13 at 12:33:38
 
Too bad the Paria is not one of the roads reopened.
Would have liked to ride it at the jam there in kanab this month.
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Re: Kane County Wins legal fight over Civil War-er
Reply #10 - 04/28/13 at 20:32:06
 
Found out today the Paria is slated to be included in the next round. (Law suit) for a given number of roads.
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Re: Kane County Wins legal fight over Civil War-er
Reply #11 - 04/29/13 at 07:58:16
 
Good news Freddy !  
 
BTW , where did you read that ? I'd like to catch up on that . I always like to read things that are  more " positive " .
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Re: Kane County Wins legal fight over Civil War-er
Reply #12 - 04/30/13 at 10:39:41
 
I got it talking to a Kanab club member Saturday.
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