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MSGA views ruling on bridge access as helpful clarificationMontana A long-awaited ruling from the Fifth Judicial District Court in Madison County offers an important clarification on bridge access issues for ranchers, landowners and the public. On Oct. 2, Judge Tucker ruled that the public may access the Ruby River from the bridges at Duncan District Road and Lewis Lane. He also ruled that landowners may attach fences to bridges. The case was filed by the Public Lands Access Association in 2004 against Madison County claiming that the public has the right to access the Ruby River at county road bridges. In order to protect private property rights and the ability of ranchers to attach fences to bridges associated with county roads, the Montana Stockgrowers Association intervened in the case. MSGA believes the court's decision helps clarify several issues associated with the controversy in Madison County and throughout the state. "We are very pleased that the District Court recognized that fences attached to county bridges are not illegal encroachments and are not required to be removed," said Steve Roth, president of MSGA. "This claim made by PLAA in this case was of great concern to ranchers across Montana, and we believe the court was correct in ruling that the fences may remain to protect the traveling public in the sound discretion of the county commissioners. It is only common sense that fences attached to bridges are not encroachments to county roads or bridges." While Judge Tucker ruled that the public has access through a 60-foot right of way on two of the county roads in this case, he did not apply his ruling on a statewide basis or to other county roads. "We are also pleased to see that the Court recognized not all county roads are the same and very pleased the court dismissed PLAA's claim that all county or public roads and bridges are legal access points to Montana's streams and rivers," Roth added. "A key claim made by PLAA in this case was their count asking the court to declare all county or public roads and bridges as legal access points. We believe the court was correct in dismissing this claim because county and public roads are created in a variety of ways each of which requires case-by-case analysis," Roth stated. Roth went on to say that it also appears the court recognized that the Madison County Commissioners still have a role in the management of county road rights of ways associated with Duncan District Road and Lewis Lane, the two roads and bridges which the court held may be used by the public to access the Ruby River. "It is very important that county commissioners still be involved in the management of county road rights of ways and access to rivers from those areas," Roth said. "The safety of the public and those using the roads and bridges are issues we have long stated need to be considered." "In the end, and while still recognizing the court has yet to rule on PLAA's claims made on Seyler Lane and bridge, we believe the court's ruling will vindicate many who have stated access from county roads and bridges is not a one sized fits all issue," Roth continued. "The issue needs to be addressed on a case-by-case approach, involving not only recreational interests and rights, but also the rights and interests of the counties, the affected landowners and private property interests. Hopefully, the court's ruling will assist in putting to bed much of the misinformation which has long clouded rational solutions to the subject." 10/20/08 Date: 10/15/08
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