R652-160-1200. Access to Surrounded State and Private Land

  1. In any case where privately owned land is completely surrounded by lands within areas designated by this chapter as protected wilderness:

  (a) the private landowner shall be given rights as may be necessary to ensure adequate access to the privately owned land by the private owner and any successors in interest; or

  (b) the privately owned land shall be exchanged for state-owned land of approximately equal value.

  2. If the School Institutional Trust Lands Administration owns land that is completely surrounded by lands within areas designated by this chapter as protected wilderness:

  (a) the School Institutional Trust Lands Administration shall be given rights as may be necessary to ensure adequate access to the land owned by the School Institutional Trust Lands Administration and any successors in interest; or

  (b) the land owned by the School Institutional Trust Lands Administration may be exchanged for state-owned land of approximately equal value.

  3. If a valid mining claim or other valid occupancy is located wholly within a protected wilderness area, the Executive Director shall, by reasonable regulations consistent with the preservation of the area as wilderness, permit ingress and egress to such surrounded areas by means which have been, or are being, customarily enjoyed with respect to other similarly situated areas.