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Another SCOTUS win for property rights

Since it’s implementation the Clean Water Act has developed a reputation as being ambiguous and arbitrarily implemented, and has plagued property owners and agriculture producers across the U.S.  The EPA is now attempting to expand the scope of that Act through the controversial Waters of the United States (WOTUS) rule, which would place all bodies of waters—including puddles and stock ponds—under federal regulatory jurisdiction. But a recent U.S. Supreme Court decision has added a degree of clarity to the Clean Water Act, and more importantly an opinion by Justice Kennedy in the case signals good news on a multi-state challenge to the WOTUS rule. One June 1st, the Supreme Court ruled unanimously to allow landowners the ability to challenge in Court the EPA’s Clean Water Act “jurisdictional...

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Fergus County asks to be left out of Upper Missouri River Heritage Area designation

Opposition is growing to a proposal to designate a huge area of land as the Upper Missouri River Heritage Area.  Recently, the Fergus County Commission unanimously voted to be left out of the proposal being pushed by Cascade County Commissioner Jane Weber. National Heritage Areas are designations connected to the National Parks Service.  Though administered locally, and not by the NPS, Heritage Area designations can have implications on private property rights for landowners in and near the Area designation.  Examples from other Heritage Areas around the country show that local governments are often pressured to change land use policies after a Heritage Area has been designated.  Additionally, the Heritage Board, the new layer of government set up to administer the Heritage Area, has the...

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Elections Matter, Ep. 1 – Legislative attempts to seize your property

Elections Matter is a series of articles about issues from the 2015 Montana Legislature that were decided by only a few votes.  The objective of the Elections Matter series is to underscore why it’s so vitally important to elect officeholders who support our rights to own, use, and enjoy our property. Should landowners in Montana have to apply for permission from their county governments before placing a new gate on their property?  Of course not, such a scenario seems nonsensical.  But that’s exactly what would have resulted had legislation by a pair of Great Falls lawmakers been enacted last year. House Bill 286, sponsored by Rep. Tom Jacobson (D), would have required a landowner to file a notice of intent with the county commission for any planned “fence, barrier, or...

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BLM’s refusal to work with Wilks bros. is part of a disappointing trend

Last year, the Wilks brothers opened access across their property to allow the public access to the Upper Missouri River Breaks Monument.  It was a good-faith effort as part of a land exchange they were proposing to the BLM.  Their proposal was a generous one—they were offering more acreage to the BLM, and property that had better public access (the public land they proposed to exchange for is only accessible by aircraft). BLM has refused to negotiate this land exchange amid opposition from environmental groups.  So in response, in an oped appearing today in the Great Falls Tribune, Farris Wilks has announced they will no longer allow access through their property to the Upper Missouri River Breaks.  Mr. Wilks writes: While we will close our gates in the coming days, we continue to stand...

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Lieutenant Governor candidate Lesley Robinson an advocate for property rights

The addition of Phillips County Commissioner Lesley Robinson to Greg Gianforte’s ticket for governor is a welcome one for Montana ranchers.  Robinson has been a lead advocate for property rights and local control in Northeastern Montana where several NGOs have been collaborating with Montana FWP to establish a free-roaming bison herd.  Gianforte’s pick could bring more attention to the issue, which would be welcome as the vast majority of Montanans oppose establishing free-roaming bison herds when they learn that private landowners would be forced to host the animals on their property and absorb the cost of any damage they cause. We want to extend a big Thank You to Greg Gianforte for showing genuine concern for agriculture and property rights.  And good luck in the race Le...

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A heartfelt thank you from one of our members

We received the following thank you note in response to Mark Robbins’ recent opinion piece in the Billings Gazette, shared in its entirety below: Dear Mark: I want to offer a big, heart-felt thank you for your well-written article in the Billings Gazette re: “Don’t transport bison out of Yellowstone Park”, Feb. 18, 2016. And of course, in true Billings Gazette/’Pravda’ fashion, it was followed by a Gazette opinion on Feb. 20th, ‘Fort Peck ready to quarantine Yellowstone bison’.  Yes, sometimes it seems it never will end, but anyone who can THINK, sees the truth in what you say, and the utter fallacies proposed by the Gazette. As landowners/farmers in that area of Fort Peck, the bison issue has been a constant presence for more years than I...

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