Bellwether Initiative and Trial

On July 31, 2015, and on its own initiative, the Federal District Court for the District of Utah entered an order establishing a process designed to ultimately result in a more efficient way of processing the 12,500 right-of-way claims throughout the state. The order creates a “Bellwether” process by which the parties have now stipulated to, and the Court has approved, fifteen (15) rights-of-way in Kane County that exemplify remaining legal issues regarding the determination of R.S. 2477 rights-of-way. These fifteen (15) rights-of-way will be tried in the District Court at an expedited trial set for August 2019.

Once all legal issues have been resolved, one or more special masters will be appointed by the court to more expeditiously resolve all R.S. 2477 right-of-way claims throughout the state.