Montana Access Control Easement, also known as MACE, is a legal agreement or right granted to a landowner in the state of Montana to control access to their property. This easement is typically put in place to protect the privacy, security, and preservation of the landowner's property without completely hindering public access. Different Types of Montana Access Control Easement: 1. Limited Access Easement: This type of easement allows the landowner to restrict access to certain areas of their property while still maintaining a basic level of public access. It may involve the installation of gates, fences, or signage to indicate restricted areas, such as private residences or environmentally sensitive areas. 2. Recreational Access Easement: This type of easement grants the landowner the ability to control public access for recreational purposes, such as hunting, fishing, hiking, or camping. The landowner may implement specific rules and regulations regarding usage, timeframes, and conduct within the designated recreational areas. 3. Conservation Access Easement: This type of easement is often established in collaboration with conservation organizations or government agencies. It allows the landowner to protect and preserve certain areas of their property for conservation purposes, such as wildlife habitat, open space, or natural resources. Public access may be limited or guided to ensure the integrity of the conservation goals. 4. Agricultural Access Easement: This easement is commonly utilized by farmers or ranchers to control access to their working agricultural lands. It allows them to prevent unwarranted intrusion, protect livestock, crops, and equipment, and maintain their agricultural operations. Limited public access may be granted for specified purposes like educational visits or tours. In Montana, the creation and terms of Access Control Easements are regulated by state laws. Landowners considering implementing MACE must consult with legal professionals to properly draft and record the easement, ensuring that their rights, restrictions, and obligations are adequately defined. This legal document helps strike a balance between landowners' needs and public interests, preserving the natural, cultural, and agricultural resources of Montana's landscapes.
Montana Access Control Easement
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(1) (a) Except as provided in subsection (1)(b), when two or more vehicles enter or approach an intersection from different highways, the driver of the vehicle on the left shall yield the right-of-way to all vehicles approaching from the right that are close enough to constitute an immediate hazard. 61-8-339. Vehicle approaching or entering intersection, MCA mt.gov ? title_0610 ? part_0030 ? section_0390 mt.gov ? title_0610 ? part_0030 ? section_0390
A public right of way is a private property that has been dedicated to the community for the purpose of public usage for things such as, but no limited to, motorized access, non-motorized and pedestrian access, trails, common areas, utility placement, and other forms of community benefit.
As discussed, prescriptive easement actions require proof of open, notorious, exclusive, adverse, and continuous possession or use for the statutory period of 5 years. The burden is on the party seeking to establish the prescriptive easement, and all elements must be proved. Tanner v. Dream Island, Inc., 275 Mont.
More than 3 million acres of public state and federal land in Montana is considered landlocked, which means that the public can't access those acres without crossing through private property. Unless they own a helicopter or have express permission from a private land owner, it is impossible to legally access this land.
A perpetual easement lasts forever. Montana law also allows for a term easement which must be in place for a minimum of 15 years. Perpetual easements provide the best protection for the land and make potential tax benefits available to the landowner. Term easements offer no such deductions.
