In a recent ruling in an important case involving stream access, District Court Judge Loren Tucker in Madison County determined that issues concerning the balance of private property rights and prescriptive easements must be determined on a case-by-case basis, using evidence of County maintenance needs.  The public’s desire for access is not a factor. Judge Tucker’s determination was made at the request of the Montana Supreme Court, which concluded that a public right-of-way exists on the Seyler Lane bridge which crosses the Ruby River in Madison County. While the Public Land/Water Access Association (“PLWAA”) have been eager to claim that Judge Tucker’s ruling was a victory for anti-property rights groups, the decision and its consequences are not so clear-cut. In the dispute between PLWAA...

By Hertha Lund Often times the first casualty in politics is the truth. Currently, the Democrats are using out-of-state dark money to bastardize the truth relating to Greg Gianforte and stream access issues. In reality, Gianforte’s approach to stream access is the ideal balance between public access and property rights, which is where most Montanans position themselves. Yes, it is correct that in 2009 Gianforte filed to Quiet Title against the Montana Fish, Wildlife and Parks (“FWP”) due to a factual and legal discrepancy of where the public access should be on Gianforte’s property. This type of suit is a common tool for landowners to use in order to allow the courts to sort out these types of factual and legal issues. Instead of serving the suit, Gianforte’s attorney sent FWP letters and...