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Franke Wilmer | | Political Party: D | | House District 64 |
1. What is your view of the 2004 Attorney General Opinion regarding access to streams from county road bridges ?
I support the Attorney General's ruling that County Commissioners have the authority to compel landowners to allow stream access and remove impediments to public stream access from county road bridges. I voted in favor of SB 78 in the 2007 session.
2. In your opinion are public property rights important - often as important as private property rights?
The two must be balanced. The philosophical basis for private property rights is that governments are formed to secure individual rights which the individual, in the absence of government, cannot secure for him/herself. Title to property is always therefore connected to the government that grants title. In other words, ownership lacks meaning with a grantor of ownership and guarantor of rights.
But democratic governments are also entrusted to promote general welfare, to secure rights and liberties that would not be secured in the absence of government and which the guarantee and protection of the rights of individuals will not provide. Pubic access to public natural resources is one of those rights which belongs to everyone and should not be impaired by individuals exercising their individual rights. Property rights are not the only rights - but they exist in conjunction with a system of interdependent and sometimes conflicting rights. The role of the courts is to interpret conflicts that arise as a result.
3. Do you believe the state should be allowed to acquire water rights sufficient to allow major streams to function as natural aquatic systems?
Yes - allowed to acquire those rights.
4. Are you familiar with and do you support the Public Trust Doctrine?
Yes - as explained in the answer to the second question. It is the basis for public ownership of resources managed on behalf of the people.
5. Should we consider the sale of water in Montana’s rivers to be moved out of state?
No.
6. Should the Montana Department of Fish, Wildlife and Parks remain the sole decision maker for the allocation of licenses and permits that determine who may legally hunt and harvest Montana wildlife ?
Yes.
7. What should be done to reduce elk populations that exceed optimum numbers as defined in current management plans?
There could be some incentives offered to landowners to expand access, also incentives to hunters to hunt more anterless elk.
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