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I have been doing some research on this topic myself. I came across one piece of documentation that offers a vague answer.

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[Code of Federal Regulations] [Title 43, Volume 2] [Revised as of October 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 43CFR9239.2-5] [Page 907] TITLE 43--PUBLIC LANDS: INTERIOR CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR PART 9230--TRESPASS--Table of Contents Subpart 9239--Kinds of Trespass Sec. 9239.2-5 Settlement and free passage over public lands not to be obstructed. Section 3 of the Act of February 25, 1885 (23 Stat. 322; 43 U.S.C. 1063), provides that no person by force, threats, intimidation, or by any Fencing or enclosing or any other unlawful means shall prevent or obstruct or shall combine or confederate with others to prevent or obstruct any person from peaceably entering upon or establishing a settlement or residence upon any tract of public land subject to settlement or entry under the public land laws of the United States or shall prevent or obstruct free passage or transit over or through the public lands.

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So if you want to know "Do we have a right of free passage" the answer is

yes. Straight out of the Burea of Land Management.

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17y ago

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