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Mabee Road

New Lock Blocks Access

New Lock on Mabee Road in Fergus County Blocks Huge Public Land Area

The Mabee 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.

Although we believe the evidence to support county public road status is overwhelming and conclusive, County Commissioners are apparently waiting for a response from PLWA to the landowner’s letter. The original survey notes and a plat , which are a matter of public record in the Clerk and Recorders Office, show portions of the road were surveyed as early as 1913.

In February 2009 a meeting was held in Lewistown to organize the local PLWA access advocates. About 20 people attended including four from Great Falls who came down to raise the flag and get ideas for organizing an "Action Team" in Great Falls. A number of Team members volunteered to do further conclusive research on the road, but additional help from knowledgeable individuals who have used the road are needed. Anyone who can give an affidavit as to the length of time the road was open to the public. is encouraged to contact PLWA .

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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

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.
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