Public Lands Access Association, Inc. v. Board Of County Commissioners

321 P.3d 38 (2014)

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Nature of the Case

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Facts

Duncan District Road, Lewis Lane, and Seyler Lane are county roads. All three roads cross the Ruby River by way of bridges. The bridges were constructed by, and are currently maintained by Madison County. Kennedy owns land that abuts the public rights-of-way on both Seyler Lane and Lewis Lane. P filed a complaint against Madison County (D) alleging that individuals who owned property adjacent to the three bridges had erected fences along each county road to the ends of each bridge, preventing the public from using the rights-of-way to access the Ruby River. P sought a declaratory judgment that the public may use Duncan District Road, Lewis Lane, and Seyler Lane, and their bridges and bridge abutments, to access the Ruby River. Kennedy intervened as a defendant. The court held that the public rights-of-way at Duncan District Road and Lewis Lane are each 60 feet wide, and the public is entitled to use the entire 60-foot width to access the Ruby River. With respect to Seyler Lane, the court determined at the hearing that, because the right-of-way was established by prescriptive use as opposed to statutory petition (Duncan District Road) or dedication or grant (Lewis Lane), additional fact-finding was necessary to determine the width of the right-of-way and whether the public could use it to access the Ruby River. A trial was ordered. Seyler Lane and Seyler Bridge were constructed by D. Kennedy owns the fee title to the land underlying Seyler Bridge and the bridge approaches on Seyler Lane, including the bed and banks of the Ruby River. The Seyler Bridge surface is 24 feet wide. The area of the bridge surface between the guard rails on the bridge is 21.35 feet wide. The paved portion of the road approaching the bridge is approximately 20 feet wide and sits atop road fill that slopes down and away from the edge of the pavement. The bottom edge of the road fill is referred to as 'toe of road fill.' In June 2004, D issued Kennedy an 'Encroachment Permit for Fence on County Bridge Right-of-Way Madison, Montana.' Kennedy installed private fences at three of the bridge corners at Seyler Bridge. The fences do not impede, block, or intimidate the public from reaching the Ruby River. D is responsible for maintaining Seyler Lane and Seyler Bridge. D maintains the paved surface of Seyler Lane, including the toe and shoulder, as well as the areas beyond the traveled surface and adjacent subsurface, by mowing, snow plowing, and weed spraying. D maintains the subjacent and lateral support of Seyler Bridge, including the bridge abutments, wing walls, and bridge spans. Seyler Bridge and its approaches on Seyler Lane is a county road right-of-way that was established by prescriptive use. The court held that P failed to prove the existence of a public prescriptive easement beyond the fences at Seyler Bridge by clear and convincing evidence. There is no public right whatsoever on either side of Seyler Lane outside the fences or beyond the traveled way where there is no fence. P appealed. And Kennedy cross-appealed.