Montana SB 354, destroying access.

[pyrotechnic]

Hi guys/gals,

SB 354 in Montana passed the house and is now back in the Senate.
I'm not much of a legal scholar, my understanding of the bill is as follows.

Prescriptive easements will have until Dec of 2022 to be filed in court. They can only be filed by individuals or government entities (so sportsmen's groups get their hands tied). As long as it has taken for some prescriptive easements to be contested and filed in court historically, this would kill the majority of these easements within a year and a half.

I have attached a Forest Service report from 2002 that states Gallatin National forest alone has 200-250 miles of maintained trails through private lands, the majority of which have no established easements other than historical (prescriptive) use.
If you're a MT resident I highly recommend contacting your senator asking to kill this bill. If you're not a resident, send a few emails anyways. The bill has been passing along party lines.

Thanks!

ETA, my phone isn't letting me attach the report.

 

[goathunter]

Here we go; I'll delete my thread

Amended bill targets prescriptive easements in Montana

Bozeman attorney Jim Goetz, who has litigated some landmark cases including those leading to Montana’s stream access law, called the bill a “drastic change.”

helenair.com

 

[Customweld]

Get those easements locked in and recorded! Idaho lost a pile of traditional access when a couple of brother from Texas bought 180k some odd acres. Just from watching how the fights have played out here, the FS doesn't have much of an appetite to fight for access and local counties don't have the resources to do it.

 

[brocksw]

“It’s a blatant attempt to get rid of prescriptive easements that lead to public land,” said Nick Gevock with the Montana Wildlife Federation. “Anyone who votes for this bill and says they’re for public access is being disingenuous. This is an effort to keep people off their public lands and waters.”

 

[Fatcamp]

In the years to come I wonder how many of us will look at trespassing differently?

 

[Dust Rider]

The ultra rich new to MT “ residents“ are relentless on stripping away access, be it land or water. I feel a new attack on stream access laws are about to begin soon.

 

[Deadfall]

Hopefully we can balance power in midterms.