Landowner Closes A Public Road: What Next

[Nameless Range]

A landowner has closed a road in my neck of the woods that has been open to the public for decades if not 100 + years. The landowner began doing this last fall. There is a gate and a sign that says "Call for permission". The first mile of the road does go through private property.

At this point I won't bring up all the evidence I have to believe that this road is public, outside of saying I have been acquiring a collection of historic maps, dozens of local accounts spanning the last 5 decades, newspaper articles, C.O.S.'s and Deeds. I have driven up this road my whole life - for hunting, fishing, firewood, and fun.

I have reached out to the USFS. They agree they have an easement and that it is a public road. They have said they are, "Working to resolve the issue." That was months ago, and my follow-up email has not been answered.

My concern is that the longer this road stays gated, the weaker the case will be that this is a public road. I reached out to a local 4x4 club and people within that group have been calling the number to get access, which only fortifies a precedent that this is not a public road. Bothersome.

Is it appropriate to pester the USFS more - like show up and bug them in person to explain what their plan is? Their priorities are board feet and fire resilience right now, they are wildly understaffed, there's a virus afoot, and I am concerned that this will go by the wayside long enough that the case will weaken to the point of being defeated. The country this road gives access to is accessible via other means, it's just over an hour detour either way. I don't want to raise hell over something that progress is being made on, but what does "working to resolve the issue" mean and how long is acceptable before I get many more people involved?

Though this is a USFS road and not a county one, my next step was to bring this up with the County Commissioners.



Here's a photo of some of the wonderful country this road gives access to.

 

[Scrappy]

Just a question because I have no experience with this other than what I read on the web. What will happen if just open the gate and use the road as you have used it before. If landowner calls the sheriff, what will he do? If ticketed will this help bring attention to the situation? Oops that was multiple questions sorry.


Sounds like the landowner is getting ready to lock the public out if nothing is done.

 

[Nameless Range]

Last time I was up there the gate appeared to be locked. That was months ago though. One reason I want to bring this up with the Commissioners is to know what the sheriff would do if someone were accused of trespassing on this road, and I don't even know if that would matter as to whether or not this road is public.

 

[Southern Elk]

Maybe @RobG could help with some of the questions.

 

[Salmonchaser]

What state are you in, been seeing this in Washington a bunch.

 

[Salmonchaser]

Disregard appears you’re in Mt.

 

[Nameless Range]

Montana.

 

[2rocky]

Bid to Close Road Sparks Bitter Fight

Wilderness: Rural Nevadans take on the Forest Service over attempts to bar access to dirt road.

www.latimes.com

One option. At least you are just taking on one landowner and not the federal government ( this is in jest)

but seriously if a group makes a public issue about it it gets more attention.

 

[SaskHunter]

Closing a public road takes balls.

Bringing an angle grinder and re-opening said public road takes balls too. I know what I would do.

 

[NYyotekiller]

If it is in fact a public Road then there won’t be any easement in place for access because none would be needed.

Do you have the deed for the landowner that put the gate up? The wording of the road, if any, in their deed will be one of the most important factors of all and might even reference an easement if there actually is one.

Is this the only access for this particular piece of ground?

 

[Bigjay73]

Public roads should be set in stone, and the county should be able to say yea or nay. If they say its public, I'd cut the lock and drive my happy ass down the road.

 

[Irrelevant]

I believe your solution can be had at the hardware store for about $15.

 

[Irrelevant]

Public roads should be set in stone, and the county should be able to say yea or nay. If they say its public, I'd cut the lock and drive my happy ass down the road.

Not if it's a FS easement, even if that easement was technically recorded with them, they know for certain their own roads (almost always ROW).

 

[Nameless Range]

I get that, and it is tempting. But I don’t want to exacerbate an issue that is going to be resolved through legal means in a timely way.

Also, the whole getting involved with the law and criminal and civil trespass isn’t a situation I want to throw myself into willynilly.

I have the deeds and COS associated with the 3 parcels the road goes through and am still trying to figure it out. The easement by prescription is a no brainer.

 

[Schaaf]

Exacerbate the issue by throwing dog poop in a brown paper bag and lighting it on fire on their door step. Suckers.

I would contact PLWA or even Ryan Weiss, the MT Access Specialist.

 

[Nameless Range]

Exacerbate the issue by throwing dog poop in a brown paper bag and lighting it on fire on their door step. Suckers.

I would contact PLWA or even Ryan Weiss, the MT Access Specialist.

Ryan jumped ship and is no longer the Access Specialist.

But yes, if I don’t hear back from the USFS I was thinking of reaching out to PLWA.

 

[Schaaf]

Shoot, do you know where he went?

 

[Nameless Range]

Shoot, do you know where he went?

DEQ

I don’t believe he has been replaced

 

[NYyotekiller]

I have the deeds and COS associated with the 3 parcels the road goes through and am still trying to figure it out. The easement by prescription is a no brainer.

The problem with this situation is that they gated the road so a prescriptive easement is not likely. One of the requirements of a prescriptive easement/adverse possession is that it needs to be continuous and uninterrupted. By them simply gating the road puts a kibosh to an easement by prescription I’m afraid.

I‘m not familiar with Montana law but this is the case here in New York.

Also, Some states say that an owner can declare a use to be permissive, such as by posting signs giving permission, and thereby avoid creation of a prescriptive easement.

 

[Trial153]

seems like reasonable guy, in NM they would weld the gate shut.


Seroiusly this pisses me off, because quite frankly in most cases like this it amounts to a willful disregard of the law, and then all to often the perpetrator receives special consideration because they are a land owner.