Continue reading → Add your reaction ShareCommentary and documents provided by Pat FlanaganThe BLM believes they have the legal right to connect public land parcels together using county un-maintained dirt roads. I believe this is incorrect – our dirt roads, a legacy of the Small Tracts Act (STA), are considered by the County, based on case law and the STA, to constitute legal right-of-way (ROW) for those entitled to use them, i.e. the public and utility companies.The documents provided here, especially the STA pamphlet and Penfold letter and County opinion, need to be readily available to anyone wanting to understand their legal position should BLM open County un-maintained dirt roads to OHV riding.
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On January 22, 2016, MBCA submitted a detailed comment letter to the BLM about the proposed changes to the West Mojave Plan (WEMO), arguing against the Plan Amendment, particularly the preferred Alternative 3, as it "threatens our quality of life, property values, tourism economics, and public land conservation values by legalizing OHV riding on thousands of miles of dirt roads throughout our Morongo Basin and other area communities in the West Mojave." Further, the letter demonstrates how the BLM's plan flies in the face of the federal Small Tract Act with its intent to provide a comfortable framework for residential desert communities.