Public land access is a hotly debated topic in the West and is often something a judge must untangle in court. Recently, Montana District Court Judge Brenda Gilbert ruled in favor of private landowners Mark and Deanna Robbins after a five-day trial couldn’t convince her to side with public land advocates and, specifically, the Public Land/Water Access Association (PLWA). The trial, which included over “80 exhibits, a visit to the road, testimony by expert witnesses and the judge’s careful observation of the ‘witnesses’ demeanor while they testified’” resulted in an interim order in favor of the Robbinses over the use of Mabee Road in Fergus County, Montana, the Billings Gazette reports.
In 2007, the Robbinses posted no trespassing signs and locked a gate across the road, which is located north of Roy, Montana, spurring PLWA to start “pushing county officials to recognize the route as open to public use,” according to the Billings Gazette. Also, because Mark Robbins is a licensed Montana hunting outfitter, once the route was blocked, he had “easier access to public lands and the wildlife they contain.” Further, Robbins has a Special Recreation Permit via the Bureau of Land Management, which gives his outfitting business—Armells Creek Outfitters—permission to hunt on 47,660 acres of BLM land.
During the trial, PLWA used maps as evidence to support their case; however, Gilbert wasn’t persuaded that the Robbinses were at fault due to the documentation provided.
“Lines representing old roads on old surveys and old maps are not substitutes for competent evidence of actual public use,” Gilbert wrote in her decision. In fact, during her visit to the road in question, she found an overgrown two-track “unable to support public use,” according to the Billings Gazette. She did not feel that PLWA proved that the public use was “open, notorious and adverse” to require the road blocked by the Robbinses to be made public.
“The evidence fails to clearly and convincingly demonstrate that the seasonal recreational use of the disputed trail constitutes sufficient adversity to the landowners,” Gilbert wrote.
The interim order can be appealed with 20 days and, at this time, it was still undetermined whether PLWA would appeal. After 20 days, the judge will enter her final judgment.
17 Comments
Brian Blahnik
12/27/2019, 12:47:18 AM
@Jody W - Did you call a conservation officer to report it? That is what I would've done. I would've had them come out and looked at it, then went and hunted it. That situation is just as wrong (worse really) as people trespassing on private ground.
Brian Blahnik
12/27/2019, 12:41:25 AM
@Thomas L - I understand what happened, I read the story. This situation is completely different than the example you provided, although I know situations like that exist. But in this case there was no recorded easement or deed so I believe the landowner had every right to close off the 'road'. Some 'old maps' won't hold up in court. To my knowledge, that isn't a legal document as maps can be drawn incorrectly. Anyone who used to use the 'road' could've made a claim they had a prescriptive easement. Then, they need to prove it in court. The simple fact is the court sided with the landowner. And I can assure you, a gate would not stop anyone from maintaining the road if they really wanted to. I've had locks cut and my farm gates run over before. If someone wants in, they will get in. I am not looking through a 'blinded lens'. I believe in personal property rights. That landowner had every right to gate the 'road' until someone could LEGALLY prove it was public. But my belief goes both ways. In the other cases you and others have mentioned where people move fences or markers to deeded public/private land or gate off a recorded easement, I believe they should be prosecuted for theft as they are taking away an opportunity from someone. I know landowners can be jerks just like the general hunting public. But usually, there is a reason why they are that way. For every story you have of someone moving a fence, I probably have 10+ stories of trespassing issues.
Michael Gregory
8/30/2019, 3:49:28 AM
I wonder what the land owners would say if I decided to get dropped off by helicopter onto that BLM land and hunt it for two weeks. I'd bet there would be some issues to deal with. Public land is just that, public land. Where there's a will there's a way. Hunt where you can no matter the obstacle. Good luck on your hunting ventures and don't let the little things stop you. God bless.