Montana Supreme Court to hear stream access case


POSTED: 7:31 AM Mar 25 2013
BUTTE, Mont. -

The Montana Supreme Court next month will hear a case concerning Montana's stream access laws.
The Montana Standard reports the case involving access to the Ruby River from a bridge on Seyler Lane will be heard April 29 in Bozeman at Montana State University.
District Judge Loren Tucker in April 2012 ruled public use of Seyler Lane didn't guarantee public access to the river from the bridge.
The Public Land/Water Access Association appealed the decision, and landowner James Cox Kennedy cross-appealed.
Kennedy owns about 10 miles along the Ruby River.
Kennedy contends the state's 1985 Stream Access Law allowing access to streams within the ordinary high water mark, and a 2009 law allowing access from bridges, is an unconstitutional taking of private property rights.