Federal law

• Section 8 of chapter 262, 14 Statutes 253 (former 43 U.S.C. Sec. 932, commonly referred to as R.S. 2477), enacted in 1866, granted right of way for construction of highways over public lands not reserved for other public uses;

• An important purpose of the grant appears to have been to provide access to mining claims, but its operation was extended by section 17 of the Placer Law of 1870, which also affected other patents, preemptions and homesteads, so that the right of access was extended broadly to private property; and

• Section 8 of chapter 262 of the Statutes of 1866 was repealed in 1976 by section 706 of Public Law 94-579 (the Federal Land Policy and Management Act of 1976 [FLPMA]), but section 701 of Public Law 94-579 also provided that nothing in that Act shall be construed as terminating any valid right of way or other land use right or authorization existing on the date of the Act's approval.

Nevada Law

• Assembly Bill 176, Senate Bill 235, and Senate Joint Resolution No. 12 of the 1993 Legislative session recognized the acceptance of rights of way across public land by private use as accessory roads, dispensed with public maintenance, but declared all such roads open to public use, and urged the Federal Government to recognize the rights so acquired;

• A.B. 176 and S.B. 235 (1993) are codified at Nevada Revised Statutes 405.191 to 405.204, with certain amendments adopted in 1995 and 1997;

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