Month: July 2016

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 and Madison County it was noted that while most county roads have a right-of-way of 60 feet that is established through dedication of a public easement, Seyler Bridge was established through prescription (i.e. continuous public use) not dedication.  PLWAA argued that the public should be granted a 60-foot easement to be used for public access to the river.  Judge Tucker rejected that claim and instead granted a 5-foot easement on either side of the bridge, stating:

 “Madison County and the State of Montana via their agents have traveled upon a strip of ground between the abutments and the high water marks of the river extending an average of approximately 5 feet upstream and downstream from the ends of the bridge abutments. These distances inform the court of that which is reasonably necessary for use, maintenance and enjoyment.”

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 emails. FWP corrected their mistake, moved the access point, provided fencing and worked with Gianforte to allow public access and protection of private property rights.

Instead of being against public access, as the Democrats are alleging in ads, and as proclaimed by Governor Steve Bullock, Gianforte actually worked to provide the public with better access while protecting his property rights. This the real Montanan position.

It is Governor Bullock who is out of touch with Montanans. In 2012, Governor Bullock used his position as Attorney General to bully a rancher in White Sulphur Springs to provide public access over his private property where public access does not exist. This issue is still being litigated. It is Governor Bullock who has sided with out-of-state interests and money to work against rural Montanans who are part of Montanans’ agricultural tradition. Agriculture is still the number one contributor to the economy in Montana.