Counties seek multi‑year funding to defend historic RS 2477 road rights
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Summary
Representatives of Kane County and the state's public‑lands coordinating office briefed the committee on RS 2477 litigation covering about 35,000 miles across 22 counties and requested $1.5 million to retain outside counsel for multi‑year litigation continuity.
Representative Logan Monson, Taylor Glover (Kane County) and Reg Johnson (director of the Public Lands Policy Coordinating Office) told the appropriations committee that litigation over RS 2477 rights‑of‑way — which, they said, affects roughly 35,000 miles across 22 Utah counties — will be decided in part by bellwether trials that set precedent for other roads.
Glover explained that Kane County and other counties have used a representative subset of roads as bellwether cases and that even apparently "obvious" roads (including paved or chip‑sealed county thoroughfares) can face federal and NGO pushback. He described Coral Pink Sand Dunes Road as an example of a historically maintained county road that has become contested and noted that litigation outcomes will determine lawful access for ranching, recreation and emergency response across large portions of the state.
The presenters requested $1,500,000 to support outside counsel over three years (roughly $500,000 per year) to preserve continuity in representation and expertise as case work proceeds. They said prior appropriations of about $500,000 covered one year and urged multi‑year funding to avoid repeated procurement and loss of institutional knowledge.
Committee members expressed support, and staff described legal victories in district court affirming county and state interests for certain classes of roads.
