Utah Secures Legal Win in Kane County v. US: State and Counties Own the Rights-of-Way for Key Recreational Roads 

The Office of the Attorney General (OAG) recently achieved a victory that improves access to public lands. In the case of Kane County v. U.S., the court ruled that the state and two counties own the legal rights-of-way for Hole in the Rock Road and House Rock Valley Road.  

Here’s why this win matters for Utahns.  

These two roads provide essential access to recreational areas on public lands. To assist states and counties build and maintain roads on public lands, particularly in the Western United States, Congress passed a law known as R.S. 2477. Although the law was repealed in 1976, existing roads remained under local control.  

For decades, the federal government has been involved in legal disputes with the states and counties regarding control over the roads in the Bellwether Case. Without local management, these roads have become damaged, and counties cannot step in to repair them. This not only threatens public access to recreational areas, but it can also complicate essential services, including wildfire management and search and rescue operations.  

Local management of these roads leads to better access and safety. Now with the court’s ruling, counties can repair and maintain the roads. 

This victory supports our ongoing efforts to protect, improve, and enhance access to public lands for all Utahns. Our public lands are one of Utah’s greatest treasures. Local management will help us preserve them for generations to come.