A court recently invalidated an agreement between the Forest Service and Elko County, Nevada that the county held a valid right-of-way to a section of road in the Humboldt-Toiyabe National Forest. The road washed out in 1995 and the county attempted to repair it. The federal government, along with environmental groups, initially opposed the repairs.
After many years of litigation, the Forest Service agreed that the county held a legal right-of-way pursuant to a federal statute, R.S. 2477, for use of the road. Up until 1976, R.S. 2477 granted a right-of-way for the construction of highways over public lands not reserved for public purposes. However, in reviewing the validity of the agreement, the court held that the county had not established historical use of the road before the Humboldt-Toiyabe National Forest was established in 1909. Because the land was reserved for public purposes in 1909, the county had to show that the road had been established as of that date.
