TrueGrit. I think in a perfect fair world you have found the solution but it’s really quite complicated legally. Eminent Domain is enforced by the Federal Govt, state and county law so you can see what a squabble would entail if the feds came in heavy handed and enforced this. There are several states that have no Eminent Domain laws on the book and in fact prohibit such. Idaho and Texas are two such states. However it is the Fifth Amendment of the constitution so unless the Supreme Court takes the case this problem will remain. I’m a bit vague on this but my readings indicate lower courts cannot rule on this right regardless. Eminent Domain requires three elements to be put into action but the first is public access to BLM governed lands.
The laws that govern BLM land states that access to their lands for the public including recreation must be provided. I think hunting and fishing would certainly fall in the category of recreation. Since the BLM already has Right of Way to their governed land I can’t imagine that they would have to pay a fair price for it but I’m just spitballing here. I’m thinking with a Right of Way already in existence it could be as easy as the feds just making a decree for recreational public to cross. But here we are today wondering why they haven’t ? It will take Congress to force this through and I don’t see anybody interested in pursuing this in Washington DC .
Below is an interesting legal review and summary of BLM access. A lot of this review just seems contrary to the conditions we are up against today
Rick
www.blm.govChapter 3. —Resource Area Profile
