The legal description and the fact that it did not match exactly with the position of the road was one of the many lame arguments made by the BLM. Katrina found this argument very interesting and researched the law in this area.

In the law book "California Real Estate" by Miller & Starr, Law 2d 15:49:

"The use of the easement in a particular course without objection by the owner of the servient tenement establishes the easement along the route used. Thereafter, the easement's location cannot be changed without the consent of both parties."

Please notice in that in their latest letter, the BLM state that they own the property. This seems to be their mindset that they own the property. 6 This is land that is owned by the public is public domains land and is managed for the public by the BLM.