Block that Road!
It is your civic duty to block bogus RS
2477 "ghost roads"
Special interest groups--including the motorized recreation
industry--are spreading myths about Revised Statute 2477. These
anti-landowner groups are inconvienced by the Constitutional protection
for our private property rights and have created their own bizarre
re-inpretation of the 1866 mining law in an attempt to open up private
property for public motorized recreation. In case after case, our
juducial system has upheld the Constitutional protections that form the
basis of our society. Nevertheless, the off-road recreation
establishment persists in spreading misinformation about RS 2477 and
its impact on private property. Recreation groups have
engaged in harassment and intimidation of landowners, using RS 2477 as
a weapon against private property rights.
These types of occurences are becoming more commonplace in Colorado
because of increased urbanization and population. Many city
people
come to rural areas seeking recreation opportunities and don't
understand the protectiveness of traditional ranchers and other
landowners
who take their property rights seriously. Many of the motorized
recreationists are newcomers to the west and are generally unaware of
land rights. Some county governments are seeking new sources of revenue
from these non-traditional sources of income. These small-time
bureaucrats have presided over economic downturns and high unemployment
in their counties, and have been unsuccessful at attracting
legitimate, sustainable businesses. In desperation, they have
embraced RS 2477 and turned their
backs on long-time residents who need to be protected from these
destructive new uses and from newcomers who disrespect local
customs. Here are some case studies.
Darwin Floyd
Mr. Floyd owns a modest home on 10 acres in Teller County,
Colorado. Over the past 10 years, there have been many conflicts
with outsiders who have come to his property looking for recreational
opportunities. Hunters and off-road enthusiasts have claimed that
portions of his property are public. After he put up a locked
gate they confronted him, vandalized his property, and have even took
shots at him. Teller County officials, in an attempt to appease
recreationists who spend money in the area, cut the chain on Mr.
Floyd's gate and charged him with a misdemeanor for "blocking
a public road". Mr. Floyed faced a maximum penalty of six
months in jail
and a $750 fine, simply for standing up for his private property rights!
This case went to trial on May 19, 2004, and was immediately dismissed
by a local judge who was not fooled by the county's land grab attempt
on behalf of special interests. Mr. Floyd stood up for his
Constitutional rights, and won! Read more about Darwin
Floyd and how he fought and over-reaching Teller County government
that tried to use RS 2477
to confiscate his property.
Mark Boslough
Mark
Boslough's wife grew up riding horses and exploring the land
around her family's ranch in Boulder County, Colorado. In
the 1990's, a footpath through the ranch was discovered by the Mile-Hi
Jeep Club and other off-road enthusiasts, who quickly went to work
turning it into a motorized recreation and "mud bogging" area. In
the late 1990's, Mr. Boslough bought the rest of the land that was
traversed by Barking
Dog Trail and physically closed it to further distruction. In the
summer of 2000, a vigilante group was formed by a leader of the Mile-Hi
Jeep Club and temporarily re-opened the trail. They also
vandalized the Boslough family's wetlands restoration project.
The off-road recreationists have threatened to lynch Mr. Boslough, and
have posted photographs of his wife on their web site.
A lawsuit was filed in 2002 in an attempt to create an RS 2477
road across the Boslough family's property. It was dismissed by
three
Boulder District judges. The first part was dismissed on January
29, 2004, the second part on Feb. 16, 2007, and the third and last part
on August 27, 2007. Mr. Boslough stood up
for his Constitutional rights, and won! Read more about Mark
Boslough and his efforts to expose the hidden agenda behind RS
2477.
Kiley Miller and John Rzeczycki
Kiley Miller and John Rzeczycki are long-time residents of Moab,
Utah who own a 160-acre tract of land near town. They became fed
up
with four-wheelers (mostly from out of state) trespassing on their
property and using their Lower Helldorado trail for drunken motorized
recreation fests. They fenced their property, and because they
stood up for their rights they became the victims of a vicious
anti-landowner attack. The four-wheelers scrawled a death threat
on their sign and hung a noose from a nearby tree. One jeeper
apparently took the death threat serously and used her vehicle as a
weapon, running into Mr Rzeczycki and injuring him.
Shortly thereafter, 7th District court judge Lyle Anderson ruled that
this family had the right to be secure in their private property.
"Plaintiffs are free to take names and license
plate numbers of anyone who enters [Helldorado] and you can sue them
for trespass," he said. "If you put up a gate there and anyone
takes it down, that would be trespass." Ms. Miller and Mr
Rzeczycki stood up for her Constitutional rights, and won! Read
more about Kiley
Miller and John Rzeczycki and the ongoing war
between private property and off-road recreation.
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