While always protecting individual property rights

IDAHO PUBLIC LAND ACCESS: AMENDING ROAD LAWS TO

IDAHO PUBLIC LAND ACCESS: AMENDING ROAD LAWS TO

The Battle is defined as as land moves into private hands, or private land changes hands, some access to public land is being cut off.31 This is more than just an issue felt by recreationalists seeking to enjoy the vast public lands that the West has to offer. In 2020, outdoor recreation generated $689 billion in consumer spending, and supported 4.3 million jobs across the country.

Idaho saw $2.2 billion added to the state GDP, and 29,867 jobs in 2020.

The key to ensuring that public land remains accessible lies in whether roads that have historically been used to access that land remain open to the public.

Private landowners cannot be allowed to close public roads under the guise of private property rights, as the Wilkes brothers did with the Boise Ridge Road.

ENSURE PUBLIC LAND REMAINS ACCESSIBLE

JILLIAN GREENE*

ABSTRACT

Public land access issues regularly arise across the West because of the unique landscape of federally owned public land, state owned public land, and private property. In Idaho, and other western states, there is a trend of private parties purchasing large landholdings and subsequently closing off roads that have historically been used to access public land. If the roads are public, then blocking access across them is illegal. However, it is not always clear whether a road is public.

This comment frames public land access issues around Idaho road law; it also uses a Montana Supreme Court case to explore how the issue pervades the West. Is there a way to ensure that roads remain open and useable by the public despite them crossing private land?

There are some avenues that the Idaho Legislature should pursue to ensure that public land remains accessible to the broader community.

They should incentivize local governmental agencies to fulfill their legal duties to remove obstructions and encroachments. Private citizens should be given a cause of action to sue those who obstruct public roads. And penalties for illegally closing public roads ought to be increased to discourage private citizens from opting for an “obstruct now—ask questions later” mindset. With proper legislative changes, the public can continue to access their public lands as they have for generations.

Legal Issues for blocking off public lands see article https://digitalcommons.law.uidaho.edu/cgi/viewcontent.cgi?article=1246&context=idaho-law-review

These are budget problems

Franklin county plat map

https://www.acres.com/plat-map/map/id/franklin-county-id

BLM Pocatello 208-478-6340 roads being lands and reality Cindy Jerrican

Field Manager 208 478 6356 Blaine Newman

National Forest Roads 208-236-7500 pebble creek road budget,

Idaho falls Supervision Mel forest ask for road crew 2085575900