New Lock on Maybee Road in Fergus County Blocks Huge Public Land AreaThe Maybee Road runs north from Roy, Montana in Fergus County, and provides sole road access to a large area of the Missouri Breaks National Monument and the CMR Wildlife Refuge. The road status is presently in legal limbo after a lock was put on a gate last year by an adjacent landowner who asserts the road is private, not public. Earlier this year PLWA prepared a presentation of the public records that show without question that the road existed prior to any homestead patents being issued in the vicinity, and is therefore an "RS2477" public road . The Fergus County Attorney gave a copy of our information to the landowner’s attorney who responded in an eight page document that argues the road is not an RS - 2477. County Commissioner Carl Seilstad said they are waiting for a response from PLWA to the landowner’s letter. .Stay tuned , this is an important case.   ... (more)

IMPORTANT LOCAL ATTRACTION CLOSEDPrairie County commissioners are in a quandary about what to do after a landowner erected a gate, installed a cattle guard and posted a sign across a road that leads to a popular scenic overlook northwest of the town of Terry. (As of May 2009 we understand the gate is still locked.) The Terry Tribune website has all the articles written about the road closure. It is http://terrytribune.com Look for the link to Scenic View on the left . Attorney general’s office reviews road access to Terry Badlands-------------------------------------------------------------------------------- By Kay Braddock Montana’s attorney general is stepping into the fray regarding public access on Scenic View Road, according to Judy Beck, communication officer for Attorney General Steve Bullock’s office. “There is an attorney assigned to this road specifically,” Beck said, acknowledging assistant attorney general Stuart Segrest has been assigned to review the road issue.   ... (more)

A CASE WITH STATEWIDE IMPACT. In 2004 Mr. James Cox Kennedy, a major stockholder in the Cox Communications empire and owner of a 3,200 acre ranch on the Ruby river in Madison County took action to stop the public from entering the river on his property. Three public road bridges cross the Ruby river on the ranch and had been used frequently by anglers for decades. Fences at the bridge abutments on Duncan Road , Lewis Lane , and Seylor Lane were wired up to keep people from accessing the river - including electric fences at some places. This infuriated local anglers and floaters who organized a symbolic “float in” to bring attention to the situation. PLWA, not wanting to see this go unchecked brought action against the Madison County Commissioners to require them to stop Mr.   ... (more)

Although we have in interest in reasonable access for all recreational users, we have significant concern about potential motorized abuse . It is often a major objection and obstacle to opening public land access. PLWA is not affiliated with any motorized access group or industry.   ... (more)

The Boadle Road leading to the south side of the Pishkin Reservoir , a Wildlife Management Area , and public lands beyond had been Illegally locked off by a private party claiming ownership. PLAAI (Now "PLWA" ) brought suit based on testimony that gas tax money had been used for public maintenance of the road and that it had been used by the public continuously for many years. PLAAI won a court decision to get that road open. However, the landowner then went on down the road and blocked it again beyond the point not covered by the court decision . A subsequent District Court decision contended that PLAAI did not have standing at the second blocking location because the Bureau of Rec. held the easement - not PLAAI . The PLAAI law firm appealed that decision to the Montana Supreme Court and prevailed in early 2008.   ... (more)

The status of the northern end of this county road which extends northerly from the town site of Limestone, northwest of Nye, MT has been an issue for many years. It is now open for public travel. The last two miles which access thousands of acres of the Beartooth front and an extensive trail system, had been gated off by an adjoining landowner who attempted to control the road. After extensive negotiations and action by PLWA and FWP, Stillwater County now acknowledges that it is a county road .(It was also critical for access in fighting the Derby fire in 2006. ) The road had fallen into disrepair and dropped off the county road system. Culverts were washed out and the road was impassable much of the year.   ... (more)

Lily Pad and Crater lakes lie in a school section about one and a half miles off the West Rosebud road across from the Lazy EL ranch property. Legal access is available across BLM land from the West Rosebud Road, but there is no trail and minimal parking. It is a real bushwhacking effort to find them. This route is the shortest and most scenic to the lakes as well as point to point day hiking/hunting when connected to the proposed Forest Service trail. A private party does have access to the (stocked) lakes from Fiddler creek on an improved non-public road. The Beartooth Backcountry Horsemen, in cooperation with the Forest Service would like to open other trails to the lakes from the South via Reeves lake along the West Rosebud road, and from the West starting in the Dean MT area via Island lake. PLWA is fully supportive of this effort.   ... (more)

Swimming Woman Road - Golden Valley County -An out of state investor has announced his intention to buy the ranch through which this road runs if he can get the road closed or moved. The road is one of the few access points to a sizeable area of national forest area on the south side of the Big Snowy Mountains. A member has been doing some preliminary work on this and we understand there is nothing formal before the county commissioners at this time. However, the county attorney has been apprised of our concerns and is looking into road status and jurisdiction issues. We have also apprised them of the statute prohibiting closing of a road to public land unless another road provides substantially the same recreational access . Region 5 of MT FWP conducted an on site inspection and determined the road is still open to the public. The lessee indicated that the ranch sale is not complete, but imminent.   ... (more)

There are numerous islands on the Yellowstone River for which ownership is not clear. Initial research tells us some are being illegally claimed by private parties. Because of changes in the riverbed since the original meander surveys around the turn of the last century, ownership determination is best handled on a case by case basis . Our goal is to research all significant islands on the river, and determine public ownership. In addition we know many county and public roads leading to the river have been illegally closed . Each of these will require research and presentation to appropriate county commission .In 2008, PLWA was fortunate enough to get a grant from the Cinnibar foundation to study island ownership on the river -primarily in Yellowstone county.   ... (more)

This is a designated but undeveloped county park located along the Yellowstone River somewhat southeast of Shepherd. (Sec 12 T2N, R27E ) Access is gated and padlocked but walking access allowed. FWP would like to develop a fishing access site at the location. Local area residents have the usual NIMBY arguments against such a plan and are proposing a Park Maintenance District. PLAAI believes that the park / FAS should be developed and operated like any other fishing access site and not be encumbered by any local agreements. The site is important as it is the only site on the north side of the river for approximatley 100 miles to the east of Billings . It is strategically located for river search and rescue operations as well as for water truck operations in event of large scale prairie fires.   ... (more)