Carten Creek Road near Gold Creek is a county road that had been used for decades to access a state section and a large block of BLM land. In 2003 a new owner installed locked gates at both ends of the road. This was a blatant attempt by a private party to privatize public land by blocking access.

The Carten Creek Protective Association working with the Powell County Commissioners and private parties brought suit to challenge this closure and were successful in getting a temporary injunction keeping the road open in mid 2007 .

On April 29, 2008 a settlement was reached in a public access case involving Carten Creek Road.

The road is used for logging, mining activities, recreational use and access to private property, and in this case, Abel Trust and the Dutton Hereford Ranch sought to have the road declared private and not open to the public.

Under the settlement the road will eventually be closed and a according to a press release by the Powell County Attorney's Office, the public will use Brock Creek Road instead.

The Abel Trust and Dutton Hereford Ranch will pitch in $35,000 for improvements to Brock Creek Road.

While the work is being completed, the public will be allowed to use Carten Creek Road, for up to four years.

Ted Mizner, an attorney, has provided many hours of pro bono time on behalf of the public.

We thank all the responsible public officials involved and look forward to a favorable permanent decision . PLAAI has supported this effort financially and administratively

(Blain County 2007.)

The Bullwhacker Road southeast of Havre is now open after several years of closure and controversy. The road which serves as the only reasonable access to over 50,000 acres of BLM and state land – much of it in the Missouri River Breaks, had been closed , or open only by landowner permission, for several years. Prior to that it had been used by recreationists for half a century and thousands of dollars of public money had been spent on maintenance . PLAAI expert volunteers researched road history and developed voluminous documentation proving it to be a “ public highway”. This was presented to the County Attorney who agreed and issued an opinion to that effect which opened the road. Had PLAAI and the Montana Wildlife Federation not fought this closure the first four miles of private land would have controlled access to an area of 75 square miles. PLAAI incurred substantial cost in securing this access. If you would like to contribute , see the "Donate" tab on our homepage and mark your donation for "Bullwhacker" . For further information see the story and map State access route called public road" in 10-21-07 Billings Gazette.

http://www.billingsgazette.net/articles/2007/10/21/news/state/31-road.txt

Alexander Road leading to a state section just north of Billings was closed at the request of landowners a number of years ago. PLAAI took the lead and with cooperation from other groups, prevailed with the Yellowstone County Commissioners to have the road be reopened to the corner of the state section . The FWP working with Montana DNRC and PLAAI volunteers have opened a parking lot at the corner of the state section. This now opens 640 acres of state land for hunting, hiking, and wildlife watching neat the state’s largest urban area.

(Butte -Silver Bow county – 2007 )

Although the Highland Road had been open to the public since 1866. the C bar D ranch and the ranch owner locked up a gate, informing the public that the road was now private. The ranch owner advertised the ranch for sale at $4,000.000 hoping to capitalize on private access to thousands of acres of public land. PLAAI officer Tony Schoonen spearheaded community action which resulting in Butte-Silver Bow commissioners voting unanimously to officially designate Highland Road as a county road and open to the public. In late 2007, District judge Kurt Krueger ruled that the county had acted within its jurisdiction to remove gates and locks from the well traveled route.

On December 12, 2007 at the 4:00 meeting of the Fergus County Commissioners, after much discussion, County Road 606 was recognized, as it was petitioned from Middle Bench County Road to Surenough Road in Section 8. Many people showed up at the meeting in support of the road, and we express our thanks for their support. To those who could not be there but supported this road in other ways we wish to thank them also.

Road 606 had been padlocked up by a private party . PLAAI attorney Devlan Geddes was hired by a group of citizens to stop the closure.

Contact and action party :

Tom Apple, Vice Chairman , ASSOCIATION FOR THE PRESERVATION OF PUBLIC ROADS

applebox21@hotmail.com Phone: 406 538 9770 Lewistown , MT

Recreationists are now able to use the Fishing Access Site and a new boat ramp on the Yellowstone river near Pompey’s Pillar National Monument . PLAAI working with Magic City Fly Fishers, Billings Rod and Gun Club, and others were able to determine that the island on which the site is located was , in fact, owned by the BLM. It had been claimed by a private party . This was the culmination of a five year effort .

The Jellison Road once served as an access to a section of Montana State School Trust Land near Billings. Back in 1964 County Commissioners closed the road crossing state land. About a year ago PLAAI requested that the closed portion of the road be reopened for public use. Due to the efforts of PLAAI and the Magic City Fly Fishers the road is now open to over 800 acres of state land with more than one half mile of frontage on the Yellowstone River.

The fence that restricted recreationists from access Cherry Creek where it flows into the Madison River was removed giving unrestricted access to the recreational corridor along the creek for approximately one mile, and then access at the bridge under Montana Stream Access Law. This was an out of court settlement of the Turner Land Exchange that PLAAI had contested in the courts.

( North end of Crazy Mountains – 2006 ) Senator Conrad Burns inserted a rider into an appropriations bill granting a rancher outfitter out of Two Dot, access to large areas of the national forest across public land, without granting reciprocal access to the public. President John Gibson led the successful fight and large scale PLAAI lobbying effort to get this removed . Had it gone through, the rancher would have made his nearly private access to almost 10,000 acres permanent, and would have presented the bill for the EIS to the public. (See also story in billingsgazette.com 7-29-06 "Ranchers, foresters spar over access")

With the support of PLAAI and other sporting organizations, legislation was passed in the 2005 legislature which prohibited abandonment of highways providing recreational access to public lands or waters unless another road provides substantially the same access. (HB269) Here is a portion of the resulting statute :


Montana Code Annotated (Montana Law) 2007

60-2-107. Abandonment of highways -- exchange of roadways -- public notice required. (1) Except as provided in 60-4-213 through 60-4-218, the commission may abandon highways on the federal-aid systems and state highways.
(4) The commission may not abandon a highway, road, or right-of-way used to provide existing legal access to public land or waters, including access for public recreational use as defined in 23-2-301 and as permitted in 23-2-302, unless another highway, road, or right-of-way provides substantially the same access.

Caveat : Provided for information only. Always seek appropriate legal advice before taking any legal action .

A agreement was reached with two landowners near Dillon to open state section #36 to the public, plus much of adjacent private lands. The road will be jointly built by the landowners.

( 1988 )As part of the original statehood action 5.2 million acres were deeded to the State of Montana to be used for school funding . . These lands are leased for farming, ranching, and logging. Prior to 1988, a citizen who wanted to recreate on school trust lands had to get permission from the lessee. This was often difficult because many lessees had contracted with outfitters or restricted access to friends or relatives. In 1988, two members of Public Lands/Water Access Association, Tony Schoonen and Jack Atcheson, filed a lawsuit against the State Public Land Department to open these public lands to the public. They continued on this path and won every motion to dismiss the suit filed by the Stockgrowers and other parties . It appeared that they were on the right track and the issue was picked up by Rep. Dave Brown. who introduced the State Trust Lands legislation that became law. This statute opened up about five million acres of School Trust Lands for recreationists use as well as millions of adjoining acres of BLM and Forest Service land.

Prior to the 2005 legislature, The Department of Transportation was under no obligation maintain stream access when replacing a bridge . In fact, when negotiating right-of way for new bridges, MDT was negotiating away access to save money. PLAAI working with MWF and other sporting organizations was instrumental in getting legislation (HB269) signed into law requiring MDT to insure that access at new bridges could be no less that at the old bridge. Here is a portion of the resulting statute from the 2007 Montana Code Annotated (Montana Law ) .

Montana Code Annotated (Montana Law) 2007

60-2-107. Abandonment of highways -- exchange of roadways -- public notice required. (1) Except as provided in 60-4-213 through 60-4-218, the commission may abandon highways on the federal-aid systems and state highways.
(4) The commission may not abandon a highway, road, or right-of-way used to provide existing legal access to public land or waters, including access for public recreational use as defined in 23-2-301 and as permitted in 23-2-302, unless another highway, road, or right-of-way provides substantially the same access.

Caveat : Provided for information only. Always seek appropriate professional advice before taking any legal action .

In the late 1970’s , harassment of anglers and floaters on Dearborn and Smith Rivers lead to a lawsuit by PLAAI founder Tony Schoonen and others which culminated in a historically important Montana Supreme Court ruling . In 1884, after an unsuccessful attempt had been made to resolve the issue in the legislature, the court ruled “The public has the right to use Montana’s rivers and streams that are capable of recreational use, up to the ordinary high water mark.” . PLAAI was also involved a number of challenges of this law, including one appeal to the U.S. Supreme Court, all of which were unsuccessful. The result of this is that we now enjoy the most permissive stream access law in the United States. (Can you imagine what Montana would be like if the property owners owned the stream bottom? In some states, you can't even drop your anchor in a stream or river if the landowner owes the bank.)

(Madison county – 1988 ) The opening of this trail was one of PLAAI’s earliest projects. Closed by a New York businessman, it lead to the “ Cowboy Heaven” east of Ennis lake. PLAAI initiated legislation and won the judgment. Following the court order, Montana Power and BLM financed construction of a handicapped fishing access site and a trail head which exist to this day.

(2005) The road, near Fairmount Hot Springs, leading to the Hye Rye Ranger Station and the Mount Haggin Wildlife Area was locked up by a privatge landowner. PLAAI working with local sporting clubs and the Goetz law firm ,supplied the Silver Bow authorities the information necessary to verifying public status of the road. Evidence was overwhelming and no lawsuit was required. Commissioners agreed and the gate and signs were removed.

Repeated attempts have been made to sell public lands in Montana and the West. These are usually supported by those politicians who see any part of the public domain as a threat to private property rights . The latest was in 2005 when Rep. Richard Pombo of California , slipped in an amendment allowing anyone to stake claims on public lands under the guise of mining, and buy them for as little $1000 an acre . It did not have to be mined in order to get the patent. All that had to be done was demonstrate some type of “sustainable economic development’ . This could be condos or subdivision. PLAAI along with MWF and other sporting organizations led an aggressive letter writing an lobbing campaign to defeat the amendment.

PLAAI worked with BLM to open road along lower end of Big Hole River. New gates were installed and the locks removed.

(Powell County – 1998 ) These roads leading to extensive public lands in the Lincoln Ranger District , were padlocked closed by a landowner outfitter . After extensive research by PLAAI, the status of the roads as public roads was acknowledged by the county attorney, and action taken by the sheriff to keep the roads permanently open.

(Gallatin County - 1983) The road leading to a spectacular canyon just a few miles southwest of Bozeman had been illegally closed by a landowner for over 20 years. Efforts by a PLAAI member with a cabin permit in the area resulted in a ruling by a district judge that the road was a prescriptive easement right of access. Now an established county road leads to a trailhead and 20,00 acres of public land. Bozeman’s own mini--wilderness is permanently open for to public access .