36 C.F.R. § 251.112

Application requirements

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(a) A landowner shall apply for access across National Forest System lands in accordance with the application requirements of § 251.54 of this part. Such application shall specifically include a statement of the intended mode of access to, and uses of, the non-Federal land for which the special-use authorization is requested.

(b) The application shall disclose the historic access to the landowner's property and any rights of access which may exist over non-federally owned land and shall provide reasons why these means of access do not provide adequate access to the landowners property.

(c) The information required to apply for access across National Forest lands under this subpart is approved for use under subpart B of this part and assigned OMB control number 0596-0082.

Notes of Decisions
Cited in 4 cases, 1994–2013 · leading case: United States v. Jenks, 129 F.3d 1348 (10th Cir. 1997).
United States v. Jenks, 129 F.3d 1348 (10th Cir. 1997). · cites it 2× “We disagreed with Defendant, and held that “regardless of Defendant’s patent or common law rights, he must apply for a special use permit as provided for in 36 C.F.R. § 251.112 (a),” which requires an inholder to apply for access across national forest lands.”
Fitzgerald v. United States, 932 F. Supp. 1195 (D. Ariz. 1996). · cites it 2× “See 36 C.F.R. § 251.112 (a). Those permits must secure to the landowner the reasonable use and enjoyment of the property.”
United States v. Jenks, 22 F.3d 1513 (10th Cir. 1994). · cites it 3× “See 36 C.F.R. § 251.112 (a). Special use permits issued by the Forest Service must secure to the landowner the reasonable use and enjoyment of his property.”
Est. of Giovacchini v. Comm'r, 2013 T.C. Memo. 27 (Tax Ct. 2013). · cites it 2× “sec. 251.112(a) , 110(c) , 114(f) (2006) .”
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