"Keeping the public on public lands & waters"


Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for our Email Newsletter
For Email Marketing you can trust

Donate via PayPal

Mabee Road
Landowner /Outfitter Lock Blocks Access

Fergus Co. Attorney Responds to Mabee Road Closure

Urges no action

Todd Gunderson, a PLWA volunteer attorney, received a copy of a letter Fergus County Attorney Thomas P. Meissner sent to the Fergus County Commissioners regarding the closure of Mabee road.

Mr. Meissner advised the county not to get involved in this case. He stated, "I am sure there are dozens of roads in Fergus County where the issue of prescriptive use could be argued. I believe it would be a mistake for the Board of County Commissioners to support one position or the other in these situations".

The Mabee Road runs north from Roy, Montana in Fergus County, and provides the only road access to a large area of the Missouri Breaks National Monument and the CMR Wildlife Refuge.

Since Todd received this letter, a major event has taken place. The Montana Supreme Court ruled in favor of a prescriptive easement on a road similar to the Mabee Road. It is the Perkins Gulch Road in Deer Lodge County. The case was resolved though the District Court, which determined the road was public under prescriptive easement. This decision was appealed to the Montana Supreme Court and they upheld the District Court decision.

It is my opinion that we have a similar case and would be able prove Prescriptive Easement rights based on the testimony provided by the court records on the Perkins Gulch Road. PLWA will now review our situation, gather information and advice and then call a meeting of the board of directors and fully discuss our options and what we do next.

Bernard Lea

related articles

Ruby River Stream Access Victory
( 07/01/2016 )   7/1/2016PLWA, once again, has been victorious in the battle for the public's stream access on the Ruby River, from the Seyler Lane Bridge, likely the original stagecoach route from Salt Lake City, north to Virginia City and Helena.It has been over a decade that PLWA (formerly known as PLAAI) has been involved in a lawsuit over public access to the Ruby River from Seyler Lane and the Seyler Bridge, a public prescriptive easement right-of-way in Madison County.

"Dark Money" Brought to Light
( 07/01/2016 )   The June-July, Newscasts section of Fly Fisherman reported on the recent investigation by Montana's Commissioner of Political Practices, Jonathan Motl, into a dark money campaign that could overturn Montana's Stream Access.Fly Fisherman recounted the Montana Growth Network's campaign contributions to District Judge Laurie McKinnon's run for our Montana Supreme Court.

public land issues

Seyler Lane Update
9/24/2015Seyler Bridge Easement - More Than Just RecreationUpdate - Kennedys attorney requested a postponement of the September 21 hearing.

Tenderfoot - Four Years and Counting
9/24/2015Tenderfoot Creek is a tributary of the Smith River, joining the Smith a mile or so north of Camp Baker.

    18 more public land issues

Mabee Road

Storm Clouds Gathering

Public Land/Water Access Association Inc. or PLWA, is a citizen group organized and operated under the Montana nonprofit corporation act.

Articles and Information on this site represent the opinion of the writer and are not intended as legal advice. Legal counsel may be needed in dealing with specific access situations and issues.
      PLWA.ORG   -   Public Land & Water Association