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Signs, Signs, Everywhere Signs: How The Wilderness Society V. Kane County Leaves Everyone Confused About Navigating A Right-Of-Way Claim Under Revised Statute 2477, Hillary M. Hoffmann

Hillary M Hoffmann

The Tenth Circuit’s recent decision in The Wilderness Society v. Kane County has changed the landscape of litigation arising out of Revised Statute 2477, a provision of the Mining Act of 1886 repealed by the Federal Land Policy and Management Act of 1976. Prior to this decision, the presumption was that the United States owned all federal public lands unless an adverse claimant proved otherwise. Moreover, any adverse claimant was required to bring an action under the Quiet Title Act to divest the federal government of title to its property. This decision turns both of those presumptions inside-out, provided that …