Surprise Canyon Lawsuit...

[OTR]

From...
http://www.fopv.org/pr/PR972006.PDF


For Immediate Release: September 7th, 2006

Contact:
Bryan Lollich, Vice President, Friends of Panamint Valley, www.fopv.org

Groups File Suit to Preserve Future Access to Surprise Canyon Road

Washington, DC – On September 7, 2006, groups representing private property owners, as well as other members of the public, filed suit against the Bureau of Land Management (BLM) and National Park Service (NPS) for illegally denying access on Surprise Canyon Road, a public road.

"The BLM and NPS have tried to assert jurisdiction over Surprise Canyon Road since 2001," says Kris Tholke, an owner of private property near Panamint City. "Surprise Canyon Road is a public road, and has been since its creation in 1874. Therefore, the BLM and NPS have no jurisdiction over this road".

Access to Surprise Canyon Road was restricted in 2001 as a result of a lawsuit brought against the BLM by the Center for Biological Diversity, Sierra Club and Public Employees for Environmental Responsibility. The resulting settlement agreement required the erecting of a gate across the road to restrict access, although the agreement was supposed to protect private property rights by exempting owners of private property from the closure. To date, however, the BLM and NPS have denied all requests for access to private property via Surprise Canyon Road.

"Surprise Canyon road was created over 130 years ago, and was used consistently to reach private property until it was closed in 2001" says Bryan Lollich, Vice President of Friends of Panamint Valley. "The road is a valid R.S. 2477 right of way and is further protected under the Federal Land Policy and Management Act, the California Desert Protection Act, and current Department of Interior guidelines."

Congress enacted "Revised Statute 2477" in 1866, granting a "right of way for the construction of highways over public lands." This grant was repealed by FLPMA in 1976, but all valid R.S. 2477 rights of way at the time of repeal were allowed to continue. Because the Surprise Canyon Road was a valid right-of-way at the time of FLPMA’s enactment in 1976, it remains a valid R.S. 2477 right-of-way.

Surprise Canyon Road is located on the western slope of the Panamint Mountains and is the only access route to the historic site of Panamint City and the surrounding private property. Surprise Canyon Road and Panamint City are in a non-wilderness "cherry stem" created by an act of Congress, surrounded by the Surprise Canyon Wilderness area and Death Valley National Park. A "cherry stem" means that they were specifically excluded from the wilderness because they did not meet the wilderness criteria. The cherry stem of Surprise Canyon Road and Panamint City was created by Congress to insure future public access to this historic town, and private property in the area.



Spread the word. :p

Thanks for your support.
kris.

[Desert Jeepin]

It's a good team to be on, FOPV.

Now that we've started, make sure you show your support to those groups that are fighting the good fight.

[Jason M]

Right ON!!!

[Mustard Dog]

This is a HUGE accomplishment as far as land use goes:eek:

It's very rare that we the wheelers see the fight getting this far up the ladder in our favor.

The best part about this is that FOPV has been the red headed step-child of the "big guns" in the supposed fight for land use issues, yet it seems they're the only ones getting anywhere. Imagine that, a LU orginization that's more about the core cause and less about politics and creating a fat bank account.



Thank you to all that have supported this cause, and please continue to support it.

[Bill4rest]

Hot Dam!:D

[crusty1007]

look @ this:

http://calwild.org/resources/pubs/10most06.php :barf: :crybaby2:

also look @ this debate on www.Rubiconownersforum.com
jeepers supporting the sierra club! :eek: 4 pages to this debate.

http://www.rubiconownersforum.com/phpbb2/viewtopic.php?t=33409

sad, just sad.

[lttlbddy]

The best part about this is that FOPV has been the red headed step-child of the "big guns" in the supposed fight for land use issues

To be fair, the Surprise Canyon/Panamint City issue is a private property access issue not really a land use issue. A good use of using the tools available, just as those tools are used against our sport.

[OTR]

Steve.

I know what you are trying to say, but just so theres no confusion on the issue...

Access is access.

Right now there is no access, and unless something was done about it there would continue to be no access. CORVA didnt pursue the appeal, and with that the public lost all chance of doing anything about it (unless you think that waiting all these years for an EIS was doing anything for us).
This is the only way to win back a road that was illegally closed. Left unchallenged, like all the other closures, this road would end up with all the other closed roads... CLOSED

Yes, we are using the only tool available to us.
No different than the junk studys and resulting lawsuits that the extreme environmental groups used to close this road in the first place.

Heck, even Richard Crowe, the BLM employee that owns property up Surprise Canyon Road and has had input on the EIS said last year that this suit was coming.

The nature of vehicle access since 1984, given the absence of road maintenance and greatly reduced numbers of vehicles, on the canyon’s physical and biological values is probably less impacting than before 1984, however the issues involved are much greater and complex today. That the two halves of the canyon are managed by BLM and DVNP suggests that the two agencies should coordinate their management, but the difference in management mandates for the agencies adds yet further complication for analysis and decision. Given the intensity and complexity of the issues, regardless of the EIS decision, yet another lawsuit is sure to follow.

That should tell you something.


The lawsuit has been filed, we are awating our day in court.

Now.

For those who cared to read this far, there is a way that you can help.
Make a donation or buy a raffle ticket to the Tin:skull:Benders turnkey FormulaToy raffle rig. 100% of your ticket purchase goes to the cause.

Nuff said... For now ;)

kris.

[atvobsession]

This is awesome. People need to realize....BLM was created to manage Mining contracts on Gov't land...and the USFS was created to manage Timber contracts on Gov't land. Managing Recreation....is not what they were designed to handle...so when they have issues or see a problem...their first reaction is CLOSE IT, not manage it.

Good for them....bravo.