KLT 
Member since Feb 17, 2008


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RegionName: Out-of-Town
OtherArea: Montana

Recent Comments

Re: “Rules of the road

This road is a PRIVATE RS2477 road which was meant for homesteaders-property owners to use-not "the public". "The Public nor the gov. agencies" EXISTED at the time of the "prescriptive easement" and MT atty. general Joe Mazurek wrote an opinion dated May 26, 2000 -if you go to doj.mt.gov and find it under 2000 to help you with your arguement because this atty. gen. says the "rights acquired by adverse use can never exceed the greatest use made of the land for the full prescriptive period" which was for the landowners to use. The Montana Supremem Court has "never wavered" in restricting usage of prescriptive easements to those uses established during the prescriptive period". Montana law is clear that a road created by prescriptive easement is limited--both in size and useage-- to the original use during the prescriptive period". Sue heck out of them Darwin Floyd!!! Go to google.com and type in RS2477 and go to the homesite for LOTS of info that could help you.

0 likes, 1 dislike
Posted by KLT on 02/17/2008 at 12:14 PM

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