(A) The county hereby finds that the following rights-of-way were accepted as public highways across public lands prior to October 21, 1976: as shown on highlighted BLM Surface Management Status Maps for Beaver (1983 edition), Panguitch (1984 edition), Loa (1982 edition), Escalante (1991 edition), Hanksville (1982 edition), and Hite Crossing (1982 edition).
(B) The county shall not be deemed to consent or have consented to the exchange of any R.S. 2477 right-of-way unless a formal written resolution specifically so stating has been passed at a duly called public meeting of the County Commission. No employee or agent of the county has been given authority to abandon waive or exchange any R.S. 2477 right-of-way and any prior action by any employee or agent purporting to take any such action was void when taken unless:
(1) In the case of exchange, later ratified by formal written resolution as provided herein; or
(2) In the case of abandonment or waiver, action has been taken in accordance with the procedures in UCA §§ 72-3-108, 72-5-105, and 72-5-305, in which case the right-of-way reverts to the state.
(C) The failure to include any right-of-way in division (A) above is not intended as evidence that said right-of-way was not accepted pursuant to R.S. 2477. The identification of R.S. 2477 rights-of-way in division (A) above may be amended from time to time as evidence establishing the perfection of any R.S. 2477 right-of-way becomes available.
(D) Where an R.S. 2477 right-of-way has been perfected through public use, the failure by the county to conduct mechanical maintenance of said right-of-way shall not affect in any way the status of said right-of-way as a highway accepted by the public pursuant to R.S. 2477.
(E) The omission of any right-of-way from any plat, description, or map of county roads or highways, whether required by state law or otherwise, shall not be deemed a failure to accept the grant offered under R.S. 2477.
(Ord. 2000-2, passed 5-8-2000)