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Hughes Creek gate gone, road still obstructed

January 11, 2022 by Michael Howell

Another gate blocking public access up Hughes Creek Road was removed by a Ravalli County Road crew just before Christmas. The pile of downed timber blocking the roadway just past the gate was also removed. The county had already removed one gate twice that was blocking the road after the landowners lost two lawsuits that went all the way to the Montana Supreme Court. Another metal gate restricting access with warning signs, however, was then placed a little further up the road on property owned by Jesse Cox. 

The crews were expecting to dismantle this metal gate when they arrived, but it had already been removed by the landowner and replaced with wooden fenceposts supporting a barbed wire gate. The crews removed that fencing and the trees blocking the road just past the fence. 

Public Land/Water Access Association, a non-profit organization working closely with Ravalli County Fish and Wildlife Association, urged the county for months to take action on the issue before finally filing suit in October to force the county to uphold the law and remove Cox’s gate. 

The problem with the county’s latest action is the large, tracked excavator that now blocks the roadway just a little farther up from where the gate was.

Landowner Jesse Cox told the press last week that he had parked his excavator in the road because he was thinking of exercising his mineral rights by digging some test holes in the roadway.

The County, in the meantime, filed a motion on December 30, 2021 asking the judge to dismiss the PLWA lawsuit because it had fulfilled its obligation.

Commissioner Jeff Burrows said that the county’s action was not in response to the lawsuit. He said the county has from the beginning been trying to resolve the issue and get the road open but that it has been complicated. He said the county was taking the time to do due diligence in the process. 

Burrows said the action they took should render the lawsuit moot. He said the county had done what it was being asked to do. 

And what about the excavator?

“Now we are back to the drawing board,” said Burrows. He said it was a huge machine and presented significant logistical problems and legal problems. He said getting in and moving something like that now with the snow on the roads was problematic and the legal aspects needed to be considered. 

He said he did not know the extent of what was going on on the road beyond the excavator.

“We are on a whole other level of things,” said Burrows. “We will have to talk with the County Attorney. We don’t know how to proceed, and we are looking for advice. They are aware of it, and they are working on it.”

Drew Hanes, executive director of PLWA, said that her organization does not believe the lawsuit should be dismissed when the road is still being blocked. She said after two decisions by the Montana Supreme Court that Hughes Creek is a known public road, the law states that any obstruction to a public road must be removed immediately.

Hanes said that they had already given the county an extension in the process and then were asked for another. She said they needed to know what the county’s plan was for enforcement and were told it was none of their business. They were also told, she said, that the county was not willing to agree to any requirements for future enforcement.

Hanes said that she believes the county has no will to enforce public access. 

“We don’t want to file lawsuits,” she said. “It’s a lot of hard work and its expensive. But the government needs to give public property rights the same respect they give to private property rights.” She said the county needs to get that excavator out of the road before it can say it has met the legal requirements in this case.

“Our main goal is to get this road open and restore access,” said Hanes.

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  1. Les Keebler says

    February 1, 2022 at 12:53 PM

    I, an old homesteader, a landowner had a similar problem with a road in Yellowstone County. The county claimed portions of road that they didn’t have, but traditionally used, and even began selling easements across it to utility companies. After much arm wrestling, I found out that a road legally isn’t a county road unless the County specifically has accepted into their system by a vote of some past set of Commissioners! It has to be documented in the County records of hearings, and formal acceptance. Usually a survey is also done to pin the thing on the map. When it wasn’t done, it offically & legally isn’t a County road. When the crossing has been historical and it adversarial (not permissive), it becomes known as an easement by prescription and there are tons of old laws and rulings about those situation. A lot of them involve utility crossings.

    What I found is when asking Yellowstone County for such records, they went silent because they weren’t there. It puts them in a legal tight spot. But the game wasn’t over because they still have some awesome power, can take it through condemnation if they choose. But they’ll have to pay. Pretty much can break a land owner to fight it unless he has one thick wallet. The practical side of the matter turns out that the County can take it & give the land owner his 50 cents and take him out. So it’s a game that can’t waste alot of legal expenses unless the heads are pretty hard. In my case what it took was eventually a Commissioner and a land owner that could sit down and iron something out, When my resolution was made with the County Commissioner, the County attorney leaned over and quietly said in my ear, “Thank you, we were in a tight spot!”

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December 28
All day

‘Bark in the Mew Year’ Sale

January 30 @ 12:00 PM - 1:30 PM

Rotary Club

January 30 @ 7:00 PM - 8:00 PM

Stevi School Board

December 28
All day

‘Bark in the Mew Year’ Sale

January 31 @ 5:00 PM - 8:00 PM Recurring Event

QuickBooks Online Classes

January 31 @ 6:30 PM - 7:30 PM Recurring Event

Breaking Bread

January 31 @ 7:00 PM - 8:00 PM Recurring Event

Stevensville AA

February 1
February 1 @ 7:30 AM - 8:30 AM

Three Mile Coffee Club

February 1 @ 9:00 AM - 10:00 AM Recurring Event

Coffee with the Mayor

February 1 @ 4:00 PM - 5:00 PM Recurring Event

Wild & Weird Wednesdays with Science Officer Lisa

February 2
February 2 @ 12:00 PM - 1:30 PM

Yarn, Darns & Needle Charms: Knit Crochet Club

February 2 @ 5:00 PM - 8:00 PM Recurring Event

QuickBooks Online Classes

February 2 @ 6:30 PM - 7:30 PM

Night Out at the Library: Bingo!

February 2 @ 7:30 PM - 8:30 PM

3 Mile Irrigation

February 3
All day

First Grade Kindness Project

February 3 @ 12:00 PM - 1:30 PM

Pachyderm Club

February 3 @ 5:00 PM - 7:00 PM Recurring Event

Model Railroad Club

February 3
All day

First Grade Kindness Project

February 4 @ 10:00 AM - 3:00 PM

Valentine’s Bazaar

February 4 @ 7:00 PM - 8:00 PM Recurring Event

Stevensville AA

February 3
All day

First Grade Kindness Project

February 5 @ 6:00 PM - 7:00 PM Recurring Event

Lone Rock Community Network Meetings

February 3
All day

First Grade Kindness Project

February 6 @ 12:00 PM - 1:30 PM

Rotary Club

February 6 @ 6:00 PM - 6:30 PM Recurring Event

Beginning Belly Dance

February 6 @ 7:00 PM - 8:00 PM Recurring Event

John Birch Society

February 7
February 7 @ 5:00 PM - 8:00 PM Recurring Event

QuickBooks Online Classes

February 7 @ 5:30 PM - 7:30 PM

Fly Fishers of the Bitterroot

February 3
All day

First Grade Kindness Project

February 7 @ 5:00 PM - 8:00 PM Recurring Event

QuickBooks Online Classes

February 7 @ 5:30 PM - 7:30 PM

Fly Fishers of the Bitterroot

February 7 @ 6:30 PM - 7:30 PM Recurring Event

Breaking Bread

February 7 @ 7:00 PM - 8:00 PM Recurring Event

Stevensville AA

February 3
All day

First Grade Kindness Project

February 8 @ 4:00 PM - 5:00 PM Recurring Event

Wild & Weird Wednesdays with Science Officer Lisa

February 8 @ 7:30 PM - 8:30 PM

Lone Rock Park Board

February 3
All day

First Grade Kindness Project

February 9 @ 5:00 PM - 9:00 PM Recurring Event

Bingo and 50/50 raffle

February 9 @ 5:00 PM - 8:00 PM Recurring Event

QuickBooks Online Classes

February 9 @ 6:30 PM - 7:30 PM

Step One to Beekeeping with Beekeepers of the Bitterroot

February 9 @ 7:00 PM - 8:30 PM Recurring Event

Emergency Preparedness classes

February 9 @ 7:00 PM - 8:30 PM Recurring Event

Emergency Preparedness Classes

February 3
All day

First Grade Kindness Project

February 10 @ 5:00 PM - 9:00 PM Recurring Event

MPAA HeART of Winter Art Show

February 10 @ 6:00 PM - 10:00 PM

Potluck with a Purpose

February 11
All day Recurring Event

SHOP TO ADOPT – Shelter Valentine Special

February 11 @ 10:00 AM - 7:00 PM Recurring Event

MPAA HeART of Winter Art Show

February 11 @ 10:30 AM - 11:30 AM

Women’s Club

February 11 @ 5:00 PM - 11:00 PM

11th Annual Bitterroot Cowboy Ball

February 11 @ 7:00 PM - 8:00 PM Recurring Event

Stevensville AA

February 11
All day Recurring Event

SHOP TO ADOPT – Shelter Valentine Special

February 12 @ 10:00 AM - 4:00 PM Recurring Event

MPAA HeART of Winter Art Show

February 11
All day Recurring Event

SHOP TO ADOPT – Shelter Valentine Special

February 13 @ 6:00 PM - 6:30 PM Recurring Event

Beginning Belly Dance

February 13 @ 7:00 PM - 8:00 PM Recurring Event

John Birch Society

February 11
All day Recurring Event

SHOP TO ADOPT – Shelter Valentine Special

February 14 @ 6:30 PM - 7:30 PM Recurring Event

Breaking Bread

February 14 @ 7:00 PM - 8:00 PM Recurring Event

Stevensville AA

February 11
All day Recurring Event

SHOP TO ADOPT – Shelter Valentine Special

February 15 @ 4:00 PM - 5:00 PM Recurring Event

Wild & Weird Wednesdays with Science Officer Lisa

February 11
All day Recurring Event

SHOP TO ADOPT – Shelter Valentine Special

February 16 @ 6:00 PM - 8:00 PM

DIY Miniature Needle Felted Owls

February 11
All day Recurring Event

SHOP TO ADOPT – Shelter Valentine Special

February 11
All day Recurring Event

SHOP TO ADOPT – Shelter Valentine Special

February 18 @ 7:00 PM - 8:00 PM Recurring Event

Stevensville AA

February 19
February 19 @ 6:00 PM - 7:00 PM Recurring Event

Lone Rock Community Network Meetings

February 20
February 20 @ 6:00 PM - 6:30 PM Recurring Event

Beginning Belly Dance

February 20 @ 7:00 PM - 8:00 PM Recurring Event

John Birch Society

February 21
February 21 @ 6:30 PM - 7:30 PM Recurring Event

Breaking Bread

February 21 @ 7:00 PM - 8:30 PM Recurring Event

Corvallis American Legion Post 91

February 21 @ 7:00 PM - 8:00 PM Recurring Event

Stevensville AA

February 22
February 22 @ 4:00 PM - 5:00 PM Recurring Event

Wild & Weird Wednesdays with Science Officer Lisa

February 22 @ 6:30 PM - 8:30 PM Recurring Event

Quantum Group of the Bitterroot

February 23
February 23 @ 5:00 PM - 9:00 PM Recurring Event

Bingo and 50/50 raffle

February 23 @ 6:30 PM - 7:30 PM

Rockhounding Montana with Bitterroot Gem & Mineral Society

  • There are no events on this day.
February 25
February 25 @ 7:00 PM - 8:00 PM Recurring Event

Stevensville AA

  • There are no events on this day.
February 27
February 27 @ 6:00 PM - 6:30 PM Recurring Event

Beginning Belly Dance

February 27 @ 7:00 PM - 8:00 PM Recurring Event

John Birch Society

February 28
February 28 @ 6:30 PM - 7:30 PM Recurring Event

Breaking Bread

February 28 @ 7:00 PM - 8:00 PM Recurring Event

Stevensville AA

March 1
March 1 @ 9:00 AM - 10:00 AM Recurring Event

Coffee with the Mayor

  • There are no events on this day.
March 3
March 3 @ 5:00 PM - 7:00 PM Recurring Event

Model Railroad Club

March 4
March 4 @ 7:00 PM - 8:00 PM Recurring Event

Stevensville AA

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Stevensville, MT  59870
Phone: (406) 777-3928
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