Tag: access

FWP should help landowners with problematic wildlife

January 21, 2015

The last few decades in Montana have seen a remarkable recovery in wildlife populations. For example, Montana’s elk population was down to almost 20,000 animals in 1940. By 1970, it had increased somewhat to 55,000. But after that, we’ve seen rapid growth to nearly 160,000 animals today. That’s simply an astounding recovery. And other species, like deer and antelope, are at or near all-time highs as well. The restoration of Montana wildlife is due to a number of factors, but the predominant reason is the efforts of Montana landowners. A great deal of the credit goes to private property owners for changing management practices and improving habitat.

Vilifying, suing Montana ranchers no way to improve access

November 22, 2014

“Respect for private property is essential to Montana’s outdoor way of life …” So says a report published by Montana Wildlife Federation and its affiliate, Public Land and Water Access Association. Montanans would be better served if MWF and PLWA actually demonstrated some respect for private property rights, rather than paying lip service to it while agitating for the confiscation of thousands of acres of private land every year through questionable political and judicial means.

LA Times: Supreme Court deals setback to rails-to-trails movement

March 23, 2014

“The Supreme Court dealt a setback Monday to the popular redevelopment trend of transforming abandoned railroad lines into public bike paths, ruling that buyers of such lands are not required to continue granting a federal right of way… “In an 8-1 decision, the justices ruled in favor of Marvin Brandt, a Wyoming man who controls 83 acres of land that was formerly used by the Wyoming and Colorado Railroad, located near the Medicine Bow National Forest. When the U.S. Forest Service told Brandt that the government retained the railroad’s right of way across his land and planned to use it for a bike trail, he filed suit. “Chief Justice John G. Roberts Jr. said the Railroad Right of Way Act of 1875 gave the rail lines a temporary easement across the land, but once...

Consequences of the “Public Trust” doctrine

April 22, 2013

In the debate over stream access we often hear about the “public trust” doctrine as justification for impeding on private property rights. Our friends at PERC offer an explanation of how this judicial precedent took on a new life in Montana…and the consequences that it’s had. Here’s an excerpt: The idea that the public has rights to access resources such as water and wildlife—even if those resources are found on private property—found its way into Montana law through the public trust doctrine. Legal scholars and judges have expanded this historical doctrine beyond its constitutional limits to mean that landowners cannot deny access to resources owned by the public. This expansion infringes on private property rights by taking away the owner’s ability to restrict...