Judge’s ruling opens access to public land

Judge’s ruling opens access to public land

Albuquerque Journal
By Mark Oswald

A judge has ruled in favor of public use of several roads across private property that provide access to prime hunting territory on public land in the White Peak area of northeast New Mexico.  State District Court Judge Sarah Backus of Taos agreed with the state Attorney General’s Office that use of roads across the property of rancher David Stanley is protected by a federal law, dating back to the 19th century, that maintains for public use historically established routes if the roads or trails existed when the surrounding property was owned by the federal government...Attorneys for Stanley, in their final arguments, said a ruling against Stanley would set a “dangerous precedent.”  “No matter how long you’ve owned your property, no matter if prior quiet title suits have been litigated on the property without contest for over 80 years, the State of New Mexico can always seek to establish (federal statute) Section 932 roads and public roads by prescription on your property without compensation,” their court filing said