PARAGON Foundation, Inc. To Educate & Empower Every American

"In free governments the rulers are the servants and the people are their superiors and sovereigns."

-- Benjamin Franklin

Past Court Rulings

Buford v. Houtz, 1888
Are cattle trails easements? Do federal agencies have the authority to close roads and easements?

In Buford v. Houtz, 18 P.633 (1888) the Supreme Court of Utah held that seven prior existing roads criss-crossing an area 40 by 36 miles gave established sheep ranchers an easement to cross over and graze their sheep over checker boarded patented and government land. The use thereof was not a trespass. In Buford v. Houtz, 133 U.S. 320 (1890) the Supreme Court of the United States affirms the above decision of the Utah Supreme Court. The Utah Supreme Court also held the same in Lindsay Livestock & Land Co. v. Chumos, 285 P.246 (1930) specifically citing Act of July 26, 1886. In United States v. Andrews, 179 U.S. 96 (1900) the Supreme Court of the United States held that a "cattle trail" is an easement and a "highway" for the purpose of crossing a federally established reservation, and the use thereof was not a trespass.

Adams v. United States, 319 U.S. 312; 87 L.Ed. 1421 (1943)
Where does your jurisdiction lie?

Also see ADAMS v. U.S., 319 U.S. 312 (1943) 319 U.S. 312; ADAMS et al. v. UNITED STATES et al. No. 889. Argued May 10, 1943. Decided May 24, 1943.