Discussion had on locked gate in Lozeau area
Extra chairs were needed in the commissioners’ conference room on Friday due to the increased public interest in a gate that was recently placed across the Cyr Iron Mountain Road in Lozeau and promptly locked – preventing public access.
The locked gate has created a controversy amongst residents in the county and has left both the forest service and county officials searching through old documents for anything related to the road to determine how it is classified and whether or not the gate can be legally locked and utilized as a private road.
“It’s a road that has been used by the public for over 80 years and therefore it becomes a public road in the eyes of the law,” one resident said. “I learned to drive on that road in 1938.”
Currently there is no easement on the road, which is the crux of the landowners argument for keeping the gate locked and the road private.
Debate and discussion was had on the history and current status of the road, which is contentious due to the land around it being utilized for lumber sales prior to being sold to private landowners.
According to Superior District Ranger Tawnya Brummett, the forest service does have a Schedule A Maintenance Agreement for the road in question – meaning that her office works with the county with regards to maintenance but does not have any official documentation regarding ownership of the road beyond the agreement.
Commissioner Laurie Johsnton said that she has been researching public lands and water access in Billings with the help of a retired forest service employee. According to Johnston, she was given the name of an attorney in Bozeman to consult on the matter.
“They said that prescriptive use, you would have to go to court in order for a judge to deem it open for the public,” Commissioner Johnston said.
Upon hearing the commissioner’s comment, one member of the public asked why a temporary injunction wasn’t happening to mandate the gate remain unlocked while the matter is settled in court.
“Well they also said we might have to get a temporary restraining order against these people and they would have to open that road until this issue was resolved,” Commissioner Johnston said. “That’s what I’m working on now.”
Commissioner Johnston added that a county fund might be necessary in order to hire a specialized lawyer to get the road reopened for public use.
When asked why the county attorney would not be used on the matter, Commissioner Johnston said at the moment she is just consulting with the Bozeman based attorney as was recommended and when it comes to actually going to trial she is unsure who would actually represent the public.
Public concern for keeping the road open ranges from utilizing the road for hunting access to the road being the only way out of the Diamond Road area in the event of a chlorine spill or fire.
“In the case of fire or an emergency the forest service could take a bulldozer up there and make access,” Commissioner Johnston said.
Further discussion was had on the matter and the commissioners concluded that they would consult with the county attorney and other sources in a “timely matter” and continue to keep the public informed on the progress relating to the gate.