Carten Creek Road / Cabin Spring Hill Bypass Road Summary

PRIVATIZATION OF PUBLIC ACCESS PREVENTED

Carten Creek Road near Gold Creek is a county road that had been used for decades to access a state section and a large block of BLM land.

In 2003 Ed Abel of the Abel Trust installed locked gates at both ends of his property across the road. Dean Dutton installed a locked gate across the road in December 2006. This was a blatant attempt by a private party to privatize public land by blocking access. Abel and Dutton claimed the road was private.

The road is used for logging, mining activities, recreational use and access to private property.

Dave Littlefield and Jim Baalman had traveled Carten Creek Road for more than 20 years to hunt deer and to access thousands of acres of federal and state lands. Confronted with the locked gates, Baalman and Littlefield cut the locks on two different occasions. “They had to do it to preserve the public’s right under the law,” said the men’s counsel, former District Judge Ted Mizner. “If those gates remained locked for five years, the public would have lost its prescriptive easement.” Landowners “Ed Abel and Dean Dutton then sued Littlefield, Baalman, Powell County, three other landowners and up to 100 “John Does” in an effort to privatize the dirt road that leaves Interstate 90 near the Gold Creek interchange and traverses the Garnett Mountain Range to finally intersect with Highway 14, west of the Nevada Creek dam.”

Dwight Gappert, one of the landowners who lost public access “is anxious for his day in court. He’s discovered the road has a long history. So far, he’s found the road recorded on an 1871 survey map. A 1919 Department of the Interior appraisal of his property is signed by President Woodrow Wilson. A local fire protection group used public funds to upgrade a portion of the road in 1961.”

The Carten Creek Protective Association working with the Powell County Commissioners and private parties brought suit to challenge this closure and were successful in getting a temporary injunction keeping the road open in mid 2007.

On April 29, 2008 a settlement was reached in a public access case involving the Carten Creek Road.

Under the settlement the road would eventually be closed. When the BLM Cabin Spring Hill Bypass Road is open and safe for public travel, a quiet title decree will be granted to the plaintiffs and all public rights, except deeded easements, will terminate on Carten Creek. and according to a press release by the Powell County Attorney’s Office, the public will use Brock Creek Road instead.

The Abel Trust and Dutton Hereford Ranch will pitch in $35,000 for improvements to Brock Creek Road.

While the work is being completed on the Cabin Spring Hill Bypass Road, the public will be allowed to use Carten Creek Road, for up to four years.

Ted Mizner, an attorney, has provided many hours of pro bono time on behalf of the public.

All parties seemed pleased with the results because the private property owners got easements to their property and the public still has access to public lands.

We thank all the responsible public officials involved and look forward to a favorable permanent decision. PLWA has supported this effort financially and administratively.

UPDATE: April 2008

Carten Creek Road near Gold Creek is a county road that had been used for decades to access a state section and a large block of BLM land. In 2003 a new owner installed locked gates at both ends of the road. This was a blatant attempt by a private party to privatize public land by blocking access.

The Carten Creek Protective Association working with the Powell County Commissioners and private parties brought suit to challenge this closure and were successful in getting a temporary injunction keeping the road open in mid 2007 .

On April 29, 2008 a settlement was reached in a public access case involving Carten Creek Road.

The road is used for logging, mining activities, recreational use and access to private property, and in this case, Abel Trust and the Dutton Hereford Ranch sought to have the road declared private and not open to the public.

Under the settlement the road will eventually be closed and a according to a press release by the Powell County Attorney’s Office, the public will use Brock Creek Road instead.

The Abel Trust and Dutton Hereford Ranch will pitch in $35,000 for improvements to Brock Creek Road.

While the work is being completed, the public will be allowed to use Carten Creek Road, for up to four years.

Ted Mizner, an attorney, has provided many hours of pro bono time on behalf of the public.

We thank all the responsible public officials involved and look forward to a favorable permanent decision . PLWA has supported this effort financially and administratively.