PLWA Sets Up Stream Access Defense Fund

Important Case Headed to Supreme Court

PLWA Sets Up Bridge / Stream Access Defense Fund


Dang ! We have to ask for money again.


In April of 2012 Madison County district Judge Loren Tucker ruled against PLWA in a case about a Seyler Lane road bridge - a "prescriptive" county road - a road created by public use rather than a formal process. The court held the prescriptive easement for the road was, in effect, two easements - one a public easement for just the road surface itself and a secondary easement of the full 60 feet for repair and maintenance. Thus, there would be no recreational legal access at bridges on prescriptive roads if this ruling holds.

PLWA strongly disagreed with this theory and appealed the case to the state supreme court. We believe that case law supports the policy that prescriptive rights include all legal uses within the prescriptive right-of-way. If the two easement theory were to hold, would it not mean school kids waiting for a bus would be trespassing - or a guy pulled off the road to fix a flat would be trespassing ?

The landowner involved with the bridge is James Cox Kennedy, an Atlanta mogul of the Cox Communications empire. He has filed cross appeal challenging the "constitutionality of any act of the Montana legislature." We are not sure what this means but it sounds like a challenge to the stream access law as well as the bridge access law. http://www.plwa.org/secure/index.php

No one knows how many prescriptive county roads there are in MT, but it is not wise to let Tucker's precedent setting ruling hold - or let the Kennedy cross appeal prevail.

Montana is lucky to enjoy the best stream access in the U.S. We cannot stand by and see it eroded by this case or any other cause. (Keep in mind that our current stream access law came about when an adverse lower court ruling was overruled by the supreme court. Many times the lower courts deliver a "home town" verdict.)

The George Grant Chapter of TU has started a Stream Access Defense fund for this case with a contribution of $1,500. The Magic City Fly Fishers TU Chapter in Billings also kicked in $1,500. Together with generous individual contributions, the fund has raised a total of $4,330 to date. Please consider chipping in generously. You can send it by mail to PLWA , P O Box 80987, Billings, MT 59108 - or do it on line at www.plwa.org .

related articles PLWA Sets Up Stream Access Defense Fund ( 06/30/2012 )   PLWA Sets Up Bridge / Stream Access Defense FundDang ! We have to ask for money again. John Gibson on Seyler Lane ( 05/18/2013 )   In Montana, water belongs to the publicThe recent Montana Supreme Court hearing in Bozeman contained the following claim by an attorney representing James Cox Kennedy in reference to the water in the Ruby River running through his ranch.His attorney claimed that the landowner not only owns the land under the river but the river itself as well as the air above the river.

public land issues Madison County / Seyler Lane Bridge and Stream Access Go to Supreme Court Again Hearing scheduled for April 29th, 2013 As members are aware, PLWA has appealed an April ruling by Madison County District Judge Loren Tucker that limits stream access from bridges on roads with historic prescriptive easements. Tenderfoot Acquisition Advances Tenderfoot Acquisition AdvancesThis is truly one of the most significant public access actions by a government agency - working with private entities - of all time.     16 more public land issues