Why dont [the] Navajo roads constructed have the ROW fenced?
In the past Navajo roads were constructed through lands classified as open-range. The Navajo Council has since requested that all roads constructed include fencing at the right of way boundaries. Some roads built in the past without fencing have remained unfenced. But more recently fencing has been included in road construction projects. Some ROW fencing projects have been entered in the construction priorities for programming. One major problem the BIA has with fenced ROWs is tort liability. Therefore, the BIA discourages the fencing of road ROWs unless there is strong support to do otherwise.
