Wonder Ranch LLC, Easement Dispute, Montana 2014

HELENA – In a shocking turn of events, a US appeals court has ruled in favor of the US Forest Service, upholding public access to a popular trail in Montana. The US Court of Appeals for the Ninth Circuit issued an order affirming a ruling from US District Court Judge Sam E. Haddon that the US Forest Service possesses an easement by prescription on behalf of itself and the public for use of Forest Service Trail No. 328, commonly known as the Indian Creek Trail, in the Madison Ranger District of the Beaverhead-Deerlodge National Forest.

The case arose in 2014, when Plaintiff Wonder Ranch, LLC, sued the United States under the Quiet Title Act following the United States’ filing of a “statement of interest” in the trail. Wonder Ranch claimed that the trail, which traverses its 80-acre parcel east of Cameron, Montana, was used by the public by permission of the landowner, and that no public right of access existed. The United States counter-sued, claiming that a prescriptive easement across Wonder Ranch for the public and the Forest Service to use the trail had been clearly established through many decades of stock, recreational, and commercial use.

Following an eight-day trial in 2016, the District Court found that based on the historical evidence and testimony of multiple witnesses, a public easement had been established and maintained through generations of use of the Trail. The Court of Appeals affirmed that ruling, holding that the District Court’s determination that a public right of way existed was not in error and that the easement is held by the Forest Service for the benefit of the public.

“We are very pleased with the Court’s decision,” said Leanne Martin, Forest Service Northern Regional Forester. “Maintaining public access to USDA Forest Service lands is an important part of our mission. At the same time, we ask everyone who accesses Forest Service land through private property, whether an easement exists or access is granted by permission, to be respectful of the landowner’s property rights.”

The case was argued before the Court of Appeals by Assistant U.S. Attorney Mark Smith. This ruling is a significant victory for public access to natural resources and a reminder of the importance of respecting private property rights.

The Indian Creek Trail provides public access into the Lee Metcalf Wilderness, and its preservation is crucial for outdoor enthusiasts and conservation efforts. This decision sets a precedent for future cases involving public access to private property and highlights the need for responsible land management practices.

As the public continues to enjoy the beauty of Montana’s natural landscapes, it is essential to recognize the rights of landowners while also protecting public access to these areas. This ruling is a step in the right direction, ensuring that future generations can continue to explore and appreciate the natural wonders of our country.

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