My East Crazies Trespassing Trial

JohnCushman said:

I made a modest donation. Sorry it wasn't more...

Click to expand...

Schaaf said:

Discovery?

Click to expand...

JohnCushman said:

I made a modest donation. Sorry it wasn't more...

Click to expand...

Don't ever apologize for pitching in. It adds up and it also shows support.

Click to expand...

RobG said:

Thanks Grayfox!
This is a relevant LTE: http://www.bozemandailychronicle.co...cle_3354fd84-b2ff-5c74-955a-c517933614dc.html

Click to expand...

Apparition said:

So my take on that is, that unless the trail easement has been pushed through the court system and a judge has decided its valid, there is no easement, doesnt matter what the history of the trail is?

Click to expand...

Apparition said:

So my take on that is, that unless the trail easement has been pushed through the court system and a judge has decided its valid, there is no easement, doesnt matter what the history of the trail is?

Click to expand...

MTGomer said:

What was written in that LTE is an opinion, and one written by someone with an obvious bias to one side. Easements can and do exist in many circumstances without being recorded or a ruling issued.
http://sandygadow.com/what-are-the-three-types-of-easements/
This case sounds like a strong argument for a prescriptive easement

Click to expand...

On the east side of the Crazy Mountains there is limited access to the National Forest.

There is, however, a historic trail that dates back a century or more, running north from the Big Timber Canyon Picnic Area. It is a numbered trail, FS Trail 115, later numbered 136. Trail 115/136 shows on the Forest Service Map of 1925 with its route winding in and out of National Forest land. Later maps also show the trail on the same route.

The District Ranger who manages this area of public land has encouraged the public to use this trail since there has been no abandonment. Concerning this trail, the Forest Supervisor replied to Sen. Daines stating, “The Forest Service maintains that it holds unperfected prescriptive rights on this trail system, as well as up Sweet Grass Creek to the north based on a history of maintenance with public funds and historic and continued public and administrative use.”

The local landowners object to the public’s right to use this historic trail and have posted a sign, “The USFS has no easement to enter this private property.” PLWA believes the evidence indicates otherwise.

My message to the landowners is this: When land is acquired in Montana there comes with it a piece of natural and human history. Almost without exception, there will be public water running through your property. In addition, there is often travel ways in the form of roads and trails with associated public rights that predate your acquisition.

The law provides for the protection of these travel ways. The Public land and Water Access Association has been successful in protecting the public’s right to use these travel ways. In fact, one of our early victories was on a trail to Cowboy Heaven in Madison County.
Get news headlines sent daily to your inbox

In the case of the Crazy Mountain Trail 115/136, however, the Forest Service has its own legal team capable of settling this dispute. They have the records of public money invested in the trail over the years. They have records of public and administrative use including fire suppression.

If anyone thinks that lack of maintenance is akin to abandonment they should review the court case of the Tenderfoot Road or the Indian Creek trail in the Madison Valley.

-- John Gibson, Billings, president, Public Land/Water Access Association

Click to expand...