Indian Creek Trail Access in Question

[Southern Elk]

Wonder ranchers will certainly be voting for Greg Gianforte.

I believe they are Texans.

 

[Bambistew]

Link to the judgment. Some interesting history in here.

http://mtstandard.com/wonder-ranch-v-united-states/pdf_461a7e4f-593b-5af1-ade1-a0ac36162c17.html

 

[RobG]

Link to the judgment. Some interesting history in here.

http://mtstandard.com/wonder-ranch-v-united-states/pdf_461a7e4f-593b-5af1-ade1-a0ac36162c17.html

Thanks for that link. It seems very relevant to the Crazy Mountain contested trails.

 

[Southern Elk]

That's what I was thinking Rob. From the excerpt that Kat posted it seemed to be a very well thought out judgement with a lot of evidence backing it up. I hope that it sets a precedent for future rulings.

Thanks for the link Bambi. I'm going to read that later.

 

[Straight Arrow]

a lot of evidence backing it up. I hope that it sets a precedent for future rulings.

Actually that is not a new precedent but a tried and true formula which has been the basis for success of Public Land Water Access Association (PLWA) in Montana for three decades. Although PLWA never has enough funding for pursuing each public access case the organization would like to, it is primarily due to the high costs of litigation. The really remarkable work to establish the prescriptive easement history has been done by volunteers who go to the courthouse in the respective county and spend hours and hours and days and days researching and gathering the records and documentation that shows the solid history of public access, often going back over a hundred years.
If you have the time and expertise, PLWA can put your time to constructive use in such cases. If not, then send PLWA some funds to support the legal aspects of their valuable work on behalf of public access to public lands and waters.

 

[katqanna]

PLWA was grateful the FS took this case on, as they did not have the funds, but gathered PLWA members that had used that trail to help testify and help provide some documentation.

 

[Southern Elk]

Actually that is not a new precedent but a tried and true formula which has been the basis for success of Public Land Water Access Association (PLWA) in Montana for three decades. Although PLWA never has enough funding for pursuing each public access case the organization would like to, it is primarily due to the high costs of litigation. The really remarkable work to establish the prescriptive easement history has been done by volunteers who go to the courthouse in the respective county and spend hours and hours and days and days researching and gathering the records and documentation that shows the solid history of public access, often going back over a hundred years.
If you have the time and expertise, PLWA can put your time to constructive use in such cases. If not, then send PLWA some funds to support the legal aspects of their valuable work on behalf of public access to public lands and waters.

That's good to know. Precedent may have been the wrong choice of wording. Maybe I should have said this case should be used as an "example". It seems like it was handled properly and in a timely manner. I have been considering donating to PLWA, because I care about the work that they do, but I live too far away to help. I wish I could do more. I'm sure what little money that I could send their way would be put to good use.

 

[MT_elk]

Very glad to see a positive outcome on this!

 

[Flynarrow]

Montana Backcountry Hunters and Anglers just sent Public Land and Water Association $2000 to help them continue to play the valuable role they do to insure Montana hunters and anglers have access to their public lands. Each Montana hunter, angler, hikers and other Public Land users should send a check to PLWA so they can continue what they do so well.

 

[RobG]

Hold on for more crap... the Wonder Ranch is starting their anti-government attacks. http://www.washingtonexaminer.com/f...te-land-from-montana-ranchers/article/2608148

 

[406LIFE]

Wow. Not only is that article poorly written, its purely inciteful just for spite. While I affirm private property rights, I also affirm public access and the rule of law. If you don't like how either are conducted in Montana and the legacy we hold dear here regarding access, then move.