Services
Services
Right-of-Way Public Access
Heritage investigates complex questions of access across public lands whether for roads or man-made waterways. This research requires tracing continuous use and maintenance of such pathways from original grant to the present. In some cases, the form and intent of the original declaration must be determined, also.
Heritage compiles records from several federal, state and local agencies; newspapers; and manuscript collections to identify a clear line of use and succession for the respective right-of-way or similar grant. These materials are collected from National Archives' facilities, state archives and historical societies, county courthouses and federal agency offices.
Case Study:
Montana Ditch Right-of-Way, 2002
Heritage conducted extensive research concerning an alleged federal grant of right-of-way for a ditch serving agricultural interests. Heritage's knowledge of federal permitting of grants helped focus research around records in the National Archives and the respective county courthouse where a grant application should have been filed. We also uncovered documents revealing a discrepancy in location and name designations such that the alleged grant might have applied to another area with a similar name. Ultimately, Heritage's research found no evidence that a grant or permit had been issued for the ditch in question. Also, documents collected by Heritage raised doubts concerning a clear line of succession to the current owner and continuous use of the ditch. All of this information contributed to preparation of an expert witness report for the client.