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Modesty Gulch Road - Major Victory




Butte Montana -Tuesday - October 7, 2014 . In the latest episode of a long running dispute, Butte District Judge Kurt Krueger found that roads leading to both the lower and upper branches of the Modesty Road remain "dedicated to public use."

Modesty road connects to about 12,000 acres of the Beaverhead-Deerlodge National Forest, and a number of otherwise difficult-to- access lakes .

(Signs will have to be installed noting that land surrounding the road is private.)

At issue was Modesty Road gate on the Letica Ranch . The road was established in the 1800's but had been shut down for 30 years . The ruling determined that the lower portion of the road began as a county road and was never abandoned by the county, and that the upper portion of the road was a "public preservation easement," a classification that relies upon continuous public use and an assumption of public control.

The primary litigant in this case was Anaconda Deerlodge county. Kudos to them for the guts to represent their county citizens ! Other counties need to go with this kind of chutzpah. . Much of the research was done by folks from the Skyline Sportsman's Association of Butte and the Anaconda Sportsman's Club. PLWA is happy to provide support for local efforts as much as possible , and in this case provided expert witness testimony by Bernie Lea. t was a great collaborative effort and just one more chink in the armor to defend against illegal usurpation of the public estate .

The full story is in the Butte Montana Standard of Oct 14,2014 .







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Ruby River Stream Access Victory
( 07/01/2016 )   7/1/2016PLWA, once again, has been victorious in the battle for the public's stream access on the Ruby River, from the Seyler Lane Bridge, likely the original stagecoach route from Salt Lake City, north to Virginia City and Helena.It has been over a decade that PLWA (formerly known as PLAAI) has been involved in a lawsuit over public access to the Ruby River from Seyler Lane and the Seyler Bridge, a public prescriptive easement right-of-way in Madison County.

"Dark Money" Brought to Light
( 07/01/2016 )   The June-July, Newscasts section of Fly Fisherman reported on the recent investigation by Montana's Commissioner of Political Practices, Jonathan Motl, into a dark money campaign that could overturn Montana's Stream Access.Fly Fisherman recounted the Montana Growth Network's campaign contributions to District Judge Laurie McKinnon's run for our Montana Supreme Court.

public land issues

Seyler Lane Update
9/24/2015Seyler Bridge Easement - More Than Just RecreationUpdate - Kennedys attorney requested a postponement of the September 21 hearing.

Tenderfoot - Four Years and Counting
9/24/2015Tenderfoot Creek is a tributary of the Smith River, joining the Smith a mile or so north of Camp Baker.


    18 more public land issues



Modesty Gulch Road


Opening Modesty Road



Public Land/Water Access Association Inc. or PLWA, is a citizen group organized and operated under the Montana nonprofit corporation act.

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Articles and Information on this site represent the opinion of the writer and are not intended as legal advice. Legal counsel may be needed in dealing with specific access situations and issues.
     
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