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Montana HB 295 Increase fine for gate encroachments of county roads

Straight Arrow

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HB 295 is being considered by the Montana House Judiciary Committee presently. HB 295 increases the fine from $10 per day up to a maximum of $500 per day at the court's discretion for encroaching a county road by placing a locked gate on the road. The bill intends to give the county commission and county attorney more clout in preventing or prosecuting landowner closure of access to public land. With this increased potential for punitive measure, it is expected that such situations may be more easily and expeditiously resolved. It is a complex issue with respect to private property rights and public access rights, but I think this bill is long overdue and is a positive step forward, especially since the cases of blocking public access have been increasing.
 
I love this, but does it stand a chance?
That's where you come in. First step is to express your support with a message to the committee supporting the bill and explaining why. Then, if it passes out of committee, expressing your support to the House and more broadly.
Go to http://leg.mt.gov/css/Sessions/65th/legwebmessage.asp for an easy mechanism to send a message to a legislator or to the entire House Judiciary Committee.
 
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What BL said.
Don't miss what has become a relatively rare chance to make a call supporting a piece of legislation.

What onpoint said ;), far too often I have felt like as sportsmen we are on our heels playing defense on every piece of legislation that comes forward. I view this as a chance to support a common sense bill and show a little bit of offense.
 
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Ben, which is it? Hit the committee or be nice? Lol anyway sent my support. Hopefully this will make some guys think a bit harder before just throwing up a Gate and tying things up while the courts figure it out.
 
Hopefully this will make some guys think a bit harder before just throwing up a Gate and tying things up while the courts figure it out.

It's gotta get on the books first, then enforced - "up to $500", etc. Have to make the call, emails, etc. But I think Schaaf's question (post #2) is pretty valid here.
 
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Ben, which is it? Hit the committee or be nice? Lol anyway sent my support. Hopefully this will make some guys think a bit harder before just throwing up a Gate and tying things up while the courts figure it out.

It's both. A strongly held belief can be expressed in a polite fashion, you jerkwad. :D
 
Unfortunately HB 295 was tabled in the House Judiciary Committee by a 9 to 10 vote. Sad, as that would have been a step in the right direction for maintaining public access.
 
A similar bill was tabled last session. Was this bill any different? Did it fare any better?
 
'Don't recall the one last session, but this one is as described in initial post. One R must have been for it as there are 8 Ds and 11 Rs in that committee.
 
Representative Galloway voted for the bill. The other 10 Republicans voted against it.

This bill is similar to the one last session, but unlike 2015, this bill had support from the Montana Associaton of Counties and from County Attorneys.

The fight on HB 295 is not over. We're just getting warmed up. Please keep sending respectful emails and phone calls in asking the committee to reconsider the bill, and pass it out to the Floor.
 
It seemed like a good bill allowing the judge discretion on how much to fine (up to $500 per day). Also giving permits when necessary.
 
The bill provides the county commission and county attorney more authority in preventing or prosecuting landowner closure of access to public land. With this increased potential for punitive measure, it is expected that such situations may be more easily and expeditiously resolved. It is a complex issue with respect to private property rights and public access rights, but this bill is long overdue and is a positive step forward, especially since the cases of blocking public access have been increasing. It is a measure designed to prevent contentious lawsuits.
It is supported by county commissions and county attorneys.
Send a message to the House Judiciary committee asking for reconsideration. This is important to get a handle on the increasing public access problems resulting from locked gates on county roads.
Go to http://leg.mt.gov/css/Sessions/65th/legwebmessage.asp for an easy mechanism to send a message to a legislator or to the entire House Judiciary Committee.
 
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