"Keeping the public on public lands & waters"




Facebook  


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




MADISON COUNTY / RUBY RIVER RULING
2008

Ruby River Court Victory

Judge Tucker Upholds Public Access Rights

District Court Judge Loren Tucker's decision on access to streams at bridges on the Ruby River is a major victory for the Public Land/Water Access Association and for all Montana outdoor enthusiasts.

"Without the expertise and dedication of Devlan Geddes and Jim Goetz ot the Goetz law Firm in Bozeman, Montana, this victory would never have happened" said PLWA President John Gibson.

The court decision on the Ruby River Case is compicated but consider the following:

Regarding the two roads that are petitioned county roads (Duncan and Lewis Lanes ), the judge ruled that the easement is 60 feet wide and extends to the water. The public may use the entire 60 foot easement for any legal activity including access to the Ruby River. Although the county commissioners may authorize fences to be attached to the bridges, the fences do not constitute a boundary between public and private land, as contended by the landowners.

In fact, there is no pure private land within the width of the easement. All lands therein are subject to the provisions of the public easement which allows for public passage.

The judge also ruled that the following arguments by the Stockgrowers and Mr. Kennedy are FALSE, and that:

1. The right of way (easement) on these county roads DOES NOT narrow at bridges ( the easement is 60 feet in width everywhere unless specified in the original acceptance document issued by the county).

2. The fact that the river bottom is owned by the landowner does not prohibit the public from accessing the river where the road and water easements intersect.

There are a couple of related issues here as well. Although not mentioned in the decision document, it follows that.....

I. There can be no No Trespassing signs or orange paint within the 60 foot right of way.

2. Since county commissioners authorize the fences on these easements they have accepted a certain level of liability and must ensure that the fences are constructed in a manner such that will not impede passage or incur injury to the public while crossing the fence while exercising their legal right to access the stream.

This court decision should set a valuable precedent and clarify what needs to be included in the legislation that is being drafted.




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



Madison County Bridge Suit


Madison County Courthouse



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

TERMS OF USE
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