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AC< CESS_. , . _,___ ACCESS7ACCESS7ACCESS7ACCESS7ACCESS CCESS^ACr MONTANA CHAPTER 45 ?ACCES' ACCESSTACCESS'ACCESS'ACCESS* s*?access^access'access-'access?access7access7access 7ACCESS7A - S7ACCE ; >ACCESS?ACCESS'>ACCESS?ACCESS'> ess?access'»a ss7access''access-'access-' :SS7ACCESS''ACCESS7ACCESS7ACCESSJ ijaccess7ac :ess?access?access'> CCESS7 CESS'>ACCESS?ACCESS?ACCESS''ACCE, cess?access7access7access7access7acc| - 7ACCES ACCESS?ACCESS?ACCESS'>ACCESS'>ACCEJ cess7access7access7access7access7access ' S7ACCE i*ACCESS?ACCESS?ACCESS'>ACCESS'> ;ess?access?access?access?access->access ESS7AC :SS?ACCESS'>ACCESS?ACCESS'>ACCE! vccess7access7access7access7access7acci CCESS7J :CESS?ACCESS ,>ACCESS?ACCESS?ACC 57access7access7access7access7access7ac 7ACCESI >ACCESS^ACCESS?ACCESS?ACCESS?ACCESS">ACCESSl :?access?access7access?access?access'> - S7ACCE' s7access7access?access?access7access >access'>ac\ i 5s7access7access''access?access7access?a , ESS-'AC :ess'access7access7access''access?access'access7 4!: cess?access?access?access7access access7accel CCESS->J ccess->access?access?access'>access ,>access?acces'. access?access?access?access'>access?access?acce 7ACCESJ 7ACCESS?ACCESS'>ACCESS?ACCESS7ACCESS?ACCESS7ACCr as 'ACCESS7ACCESS7ACCESS7ACCESS7ACCESS7ACCESS7AC with special thanks to our scrivener Mrs. Candi Lommen 116 : 8805W& CHAPTER #45 International Right-of-Way Association in cooperation with USDI, Bureau of Land Management USDA, Forest Service State of Montana and Montana Association of County Officials -ce* > l>e* TABLE OF CONTENTS EXECUTIVE SUMMARY 1 List of Attendees 1 SUMMARY RECOMMENDATIONS 7 PROGRAM BROCHURE 9 ACCESS: AN UNPRINCIPLED ACCOUNT - DR. GORDON BRITTON 11 THE IMPORTANCE OF ACCESS - GOVERNOR TED SCHWINDEN 19 PROPERTY RIGHTS PANEL Federal Constitutional Law — Dr. James Huffman 21 Montana Constitutional Law — Dr. Marjorie Brown 23 Landowner Perspective — Tom Sheehy 25 Commodity Perspective — Dave Schaenen 27 Recreation Perspective — Steve Woodriff 31 Questions and Answers — Panel/Audience 33 CHARLIE RUSSELL'S VIEWS - RAPHAEL CHRISTY 37 THE IMPORTANCE OF LAND & ITS OWNERS - DR. JO KWONG 41 PUBLIC ACCESS AND PRIVATE PROPERTY PANEL Montana Outdoors — Ed Zaidlicz 49 School Trust Lands — Mike Greeley, Attorney General 53 Recent Montana Law — Judge Nat Allen 55 Questions and Answers — Panel/Audience 57 CREATIVE ACCESS TOOLS PANEL Land Exchange & Fee Acquisition — Bruce Bugbee 63 Easements — Bob Keisling 67 Conservation Reserve/Easements — Everett Snortland 69 Federal Road Easements — Jerry Sutherland 71 County Road Easements — Peter Funk 73 Non-Vehicular Access — Richard Lommen 75 Questions and Answers — Panel/Audience 77 FEDERAL/STATE/COUNTY ACCESS ACTION PLAN State of Montana — George Turman, Lt. Governor 81 U.S. Forest Service — John Drake, Region 1 83 Bureau of Land Management — Dean Stepanek, State Director 85 Montana Association of County Officials — Mrs. Toni Hagener, President 87 Questions and Answers — Panel/Audience 89 OPEN FORUM Montana Landowner's Association — Ralph Holman, President 91 Positions on Access — Paul Berg 95 Access in Montana - A Position — John Gibson 99 Property Rights — Charles F. Moses 101 Questions and Answers — Panel/Audience 103 ° 8U • ? ' CO EXECUTIVE SUMMARY "There is one thing stronger than all the armies in the world, and that is an idea whose time has come." (Victor Hugo) Steven P. Shuck, 1986 President of Chapter 45, International Right of Way Association (IR/WA) opened the forum, welcomed attendees, and introduced several VIPs. His opening comments led with an overview of the emergence of the Access issue, IR/WA's offer to moderate a forum of the divergent interests, and of the Governor's endorsement of the "Access in Montana" program. A total of 130 people attended these proceedings. One attendee summarized the forum thusly, "the level of discussion was very high and—the conference was excellently organized in, in fact, we've never been to one better organized." This publication is a complete set of all presentations, dialogue between panelists, and audience input. The forum and these proceedings are offered with the intent of providing crisp and correct understanding of basic title interests and property rights as matters involved in the greater Access issue are legislated, litigated, and administered within the state. Success of the endeavor is established. The primary objective was to create dialogue and bring focus to divergent ideas. One participant observed, "This forum is a remarkable testimony to the advancement of our natural resource culture in Montana. Fifteen years ago such a gathering would have resulted in severe confrontation." Our sincere thanks is extended to the many individuals who donated their skills, time, and in some cases, personal expense toward the success of the forum. We also want to thank the many corporations, private consultants, and government agencies that provided key employee skills and support services. Without this help, the forum would not have been so easily orchestrated. One area of concern was the near total absence from the proceedings by the state and national legislature delegations. Several specific invitations were extended but only one state senator attended. From the severe turmoil that erupted following action of the last state legislature, exposure to these proceedings might have been useful to the legislators and the interests of their constituents. A list of attendees follows: Judge Nat Allen Bill Asher Second Avenue West P. O. Box 190 Roundup, MT 59072 Gallatin Gateway, MT 59730 Panelist Shelton Ranches Terry L. Anderson Lois C. Baker 502 South 19th, Suite 211 6125 Mullan Road, No. 13 Bozeman, MT 59715 Missoula, MT 59802 Political Economy Research Center B & B Land Services, Inc. Pat Asay Marilyn Barnes 40 East Broadway Sweeney Creek Trail Butte, MT 59702-9989 Florence, MT 59833 The Montana Power Company USDA Forest Service Dave Barney Bruce Bugbee 101 Maude "S" Canyon 619 Southwest Higgins, Suite P Butte, MT 59701 Missoula, MT 59801 Bureau of Land Management American Public Land Exchange Co., Inc. Oran Barr Richard Clough P. O. Box 7669 1420 East Sixth Avenue Missoula, MT 59807 Helena, MT 59624 USDA, Forest Service Montana Department of Fish, Wildlife and Parks Dennis Benda P. O. Box 3727 Jim Couture Spokane, WA 99220 40 East Broadway Washington Water Power Butte, MT 59702-9989 Panel Moderator Paul F. Berg 3708 Harry Cooper Place Ed Croteau Billings, MT 59106 P. O. Box 36800 Billings Rod
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