Northern Utah Ranchers and Environmentalists Unite to Protect Private Property

Via Ranch Rescue Colorado

Below is from a Sierra Club newsletter.

NORTHERN UTAH RANCHERS AND ENVIRONMENTALISTS UNITE TO PROTECT PRIVATE
PROPERTY

Private lands in Northern Utah are essential to the livelihood of dozens of traditional ranching families. At the same time, these lands provide valuable habitat to wildlife including big game and a number of rare and threatened species. Recognizing their shared interest in protecting the traditional uses and values of these lands, Northern Utah landowners and environmental organizations have recently joined forces.

One of the threats facing Northern Utah's private lands is illegal motorized recreation. As off-road vehicles have become more numerous and more powerful, a small minority of ORV users have increasingly chosen to disregard the law and trespass on private property.

Unfortunately, governments at all levels are sometimes encouraging this illegal and destructive behavior. The U.S. Forest Service has failed to enforce vehicle restrictions on trails that lead up to private property boundaries, and has indicated its intent to legally open several such routes to motorized travel in the near future. The Utah Division of Parks and Recreation has drafted proposals for vast networks of ORV routes that cross back and forth from public to private land, without seeking permission from landowners. Box Elder and Cache Counties have declared many primitive trails across private property to be public motorized rights-of-way, demanding that landowners open these trails to unlimited motorized use by the general public.

A recent example of government disregard for private property is on the Selman Ranch, east of Mantua in Box Elder and Cache Counties. Box Elder County has recently claimed that a private livestock driveway across the ranch is allegedly a motorized public right-of-way, despite the fact that the county's land ownership maps show no such public right-of-way. The county added this rugged livestock driveway to a road map in 2004 without notice to the landowners. The route has been gated and posted "no trespassing" for decades, and connects to a Forest Service trail that has been closed to motorized use since 1980.

Last October Box Elder County filed criminal charges against a member of the Selman family for allegedly locking a gate across this private trail which accesses private ranch property. The charges were later dropped, but were recently refiled by County Attorney Amy Hugie. Thus, the government is attempting to use criminal charges as a means of coercing private citizens to relinquish their property rights.

Meanwhile, Ogden District Ranger Chip Sibbernsen has indicated that he intends to legally permit motorized use of the Forest Service connection to the Selmans' trail this coming summer; his formal decision to do so is expected within a few weeks.

Cleve Steed of Plymouth is one of the many ranchers who are rallying in defense of traditional land uses. According to Steed, "One of the biggest threats to private property is vehicle trespass. Farmers and ranchers should have complete control of anyone entering their property. The use of signs or locks should be honored by all private citizens."

Jim Holmgren, another concerned Box Elder County rancher, asks, "What are our rights as landowners? Do we have the right to lock our gates and protect our property? If you are a homeowner don't you have the right to say who can have a picnic in your back yard?"

Eli Anderson, a Tremonton landowner who formerly served in the Utah State Legislature, also spoke in support of the Selmans: "The vast majority of the land in Utah is owned by the state and federal governments. Trespassing laws on private property need to be upheld and supported by government and law enforcement. The taking of private property without just compensation is wrong, and this seems to be what is happening in the Selmans' case."

Other Box Elder and Cache ranchers and landowners who have gone on record supporting the protection of private land from vehicle trespass include: Bob Adams (Brigham City); Jack Brown (Hyrum); Sam Chournos (Tremonton); Arthur Douglas (Howell); Stephanie Fricke; Bernard Hill (Tremonton); Karl Jensen (Tremonton); Steve Jeppsen (Mantua); Kent McMurdie (Tremonton); Sam McMurdie (Tremonton); Kyle Potter (Collinston); Todd R. Ramsdell (Riverside); Odell Rinder Knecht (Howell); Harriet Ritter (Tremonton); Joe Rudd (Garland); Jardee Steed (Plymouth); Lynn Summers (Thatcher); Deloris Stokes (Bothwell); Charles Taylor (Tremonton); and John Young (Brigham City).

The Selman Ranch is habitat to deer, elk, moose, and numerous species of smaller animals and birds including sharp-tail grouse, a species that is now restricted to four percent of its historic range in Utah. Recent sightings have confirmed that sage grouse, another sensitive species, also still inhabit this area. Increased motorized recreation on this land would damage the valuable watershed on which both humans and wildlife depend. Fast, noisy vehicles would disturb both the wildlife and those who come quietly to view the wildlife.

Val Grant, president of the Bridgerland Audubon Society, summarized why his organization is supporting the rights of landowners like the Selmans: "Our concern includes the effect of motor vehicles on sharp-tail and sage grouse, two upland game birds that are just holding on to their existence in Northern Utah. The Selman property has also been a safe harbor for mule deer, elk, moose, goshawk, and a variety of non-game animals. For their protection of wildlife and their hospitality to our members, the Selman family recently received the Allen Stokes Conservation Award, our highest honor bestowed annually on conservation-minded individuals, families and businesses, representing the best of Cache Valley and Northern Utah."

Dan Miller of the Bear River Watershed Council pointed out that "even the Forest Service can't properly manage the impacts of ORV use such as severe erosion, habitat fragmentation, introduction of exotic plant species, and degraded water quality. How can we expect private landowners to protect vital resources if they can't utilize every tool available to them?"

Dan Schroeder, conservation chair of the Ogden Sierra Club, emphasized that the threat goes beyond the Selmans' case: "Federal, state, and local government agencies have been meeting together for years to plan expanded networks of ORV trails throughout Utah, to promote this high-impact form of recreation over traditional land uses. There seems to be an unspoken agreement among these agencies not to enforce laws against vehicle trespass. Every landowner in the state should be concerned, as should everyone who enjoys hiking, horseback riding, hunting, viewing wildlife, or just listening to the natural quiet."

Reacting to the alliance of landowners and conservation organizations, Box Elder County Commissioner Scott Hansen remarked, "When ranchers and environmentalists join together on an issue it just means that somebody in government must be doing something very wrong."