Tale of two roads
 
 
October 18, 2004
 
By Glenn (Louie) Garrison
 
Troy, Montana
 
 

There are two roads near Troy, in Lincoln County, Montana.

 

One is a road that the County claims -- citing a law that was repealed in 1959 (if a road is used by the public, than it is a public road). Using that claim, the County took three acres of my land without paying for it.

 

The other road is Freeman Ridge Road . Freeman Ridge Road is a road that was used before 1959, it was plowed by the County for over 30 years, and it was a school bus route. The County now claims it is not a County road.

 

My question to the County Commissioners: How can you take my land by claiming it is a County road, based on the fact it was used by the neighbors as a driveway before 1959 -- and not claim the other road by the same reasoning and based on the same law?

 

Where is the equal treatment under law in these cases?

 

This may be just another example of the 'good old boy' system in Lincoln County, where the Commissioners are going to do whatever they want.

 

Since my case is now case law, I would think all the old mining roads are County roads with a 60-foot right of way. 

 

An afterthought: It appears that all roads being used since before 1959 are County roads.

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