The Supremes, the Ruby River and Stream Access
Public land access advocates are celebrating a ruling Thursday by the Montana Supreme Court upholding the state's stream access law and clarifying the public's rights to use historic rights-of-way.
In a case involving a group of roads near the Ruby River in Madison County, the high court sided with the Public Lands Access Association and against the county and an out-of-state landowner -- James Cox Kennedy, chairman of media conglomerate Cox Enterprises -- who had blocked access to the river through parts of his 3,000-acre ranch.
The suit first began in 2004, whtn the PLAA sued Madison County claiming that property owners had put fences along public roads, blocking access to the river.
The court said that right-of-way on a road established by "prescriptive use" -- that is, by use of the route over time, whether or not the county formally designated it a county road -- was not limited to just that historic use but also included foreseeable public uses, including recreation.
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