By Michael Howell
Roy Capp, owner of the Fort Owen Ranch, has posted signs at the Stevensville bridge fishing access site announcing that he plans to close the boat launching area near the bridge that has traditionally been used by the public. Tired of the trespassing and the trash, Capp made a proposal to the Town of Stevensville and the Montana Department of Fish, Wildlife and Parks to trade his 3.5 acres located between the town’s River Park property and the Stevensville Cutoff Road for eight and a half acres at the north end of River Park. Another small piece of land along the Eastside Highway in town was also thrown into the bargain. As part of the bargain, FWP would construct and maintain a fishing access site with parking, a toilet and trash removal.
Capp rejected several alternative options presented by the Stevensville Park Board, including outright purchase of the property. Instead, he insisted on the trade as he had presented it or, he said, he would close down the public access and stop people from accessing the river from the road right of way that crosses his property allowing public access to the town’s park.
With two options on its agenda at the last meeting to potentially approve the trade, either by public vote or a vote of the council, neither option was taken. The Council decided instead to officially dedicate the property as parkland, something that either was not properly done by the council when the park was publicly dedicated in 1996 or the records were subsequently lost. This move ensures that any decision about the trade would have to go to a public vote. Given the time it would take to place the issue on the ballot, however, the $250,000 currently available to FWP to make the promised FAS improvements would no longer be available.
Within days of the council’s action, Capp placed the signs on his property warning that the boat launch area would be closed to vehicular access. He had orange marks painted on the trees and an orange line on the ground apparently depicting the property line that he intends to enforce starting June 15.
The signs states: “Effective June 15, 2017 this area will be closed to vehichles [sic] to mitigate further environmental impact. 1985 Stream Access foot traffic only. Operating ATV or other motorized vehicles not intended for use on water is forbidden.”
Stevensville Mayor Jim Crews said that he had seen the signs and had contacted the town’s attorney about the status of the easement to the town’s property.
“I’ve looked at some plat maps and some deeds,” said Crews, “and the town’s attorney is researching our easement.” He said that he and Streets and Alleys Superintendent Ed Sutherlin were working on a contingency plan to create an alternative boat launch site on town property which they will present to the Town Council for consideration.
“We are just in the preliminary stages,” said Crews, “and we are also still investigating the potential site on the west side of the river on property owned by the county and MDOT.” He said he was waiting on a response from the county commissioners to his inquiry.
“As far as the Fishing Access Site goes, I think the public really has to step up now and voice their concerns,” said Crews. He said this action by Mr. Capp may not change much for people on foot but it will certainly affect anyone wishing to launch or land a boat.
Rory Zarling, FAS Director for FWP, said that he had been informed about the signs and was aware that the landowner intended to stop the boat launching from his property on June 15.
Zarling said that he intended to visit the site in a few days during the peak flows to get a good sense of how the various alternative proposed sites look under high water. He said the sites being looked at on the town property were not ideal for a number of reasons, but they would be looking for some degree of development that might be done provisionally while more permanent solutions are explored. He said the alternative sites would not warrant the same level of monetary investment that FWP had been willing to invest in preserving and improving the existing site.
At least one member of the public has already responded to the announced closure. Stevensville resident Loey Knapp, whose offer to buy the land from the Capps at its appraised value was rejected, has already submitted a copy of the quit claim deed describing the easement to the town’s property and an associated survey showing the easement, arguing that the orange line painted along the ground describes an easement that is much too narrow.
“Based on the survey that is drawn to scale,” she said, “ the easement between the fence and the orange line on the ground is too narrow.” She said the town needs to go out and do their own calculations and paint a blue line that describes the legal easement.
According to Knapp, the orange line describes an easement that is close to being only 12 to 15 feet wide at spots. She said this was completely unacceptable. She said common sense and safety dictate that the road should support two-way traffic. She said the roadway should be at the very least 20 feet wide to accommodate two vehicles and is probably more than that. She said to her, based on the survey drawn to scale, it appears to be closer to 25 feet in width.
Capp could not be reached for comment.