Rights-of-Way Across National Forests

Rights-of-Way Across National Forests T h e A ct o f June 4, 1897, does not grant a right o f access to ow ners o f land surrounded by national forests, other than actual settlers, and the Secretary o f A griculture has discretionary authority to deny such access unless a right otherw ise exists. T h e com m on law doctrine o f easem ent by necessity does not apply to land ow ned by the federal governm ent, but a right o f access may be implied from the term s of a federal land grant in some circum stances. N o statutes currently modify any such implied right found to exist. Absent a prior…