MONTANA CITY -- The Jefferson County Commission's pursuit of jurisdiction of rights-of-way could affect private landowners, not just public land agencies, according to discussions at the second of three evening meetings on the road issue.

Although some citizens said the issue was a "can of worms," the commissioners told the crowd of 40 at the Montana City School that they believe it is their job responsibility to pursue road jurisdiction over an unknown number of rights-of-way.

The commission will hold a third public meeting April 9 in Whitehall and then schedule action on a draft resolution listing the steps the county will take in the process.

Private land

Citizen Bill Hammer questioned how the county would compensate private landowners if the county pursued rights-of-way jurisdiction across private land.

"If it's a public right-of-way through private land to public land, then there would be no compensation," said Commissioner Tom Lythgoe.

"I think there is a huge amount of apprehension where this could go," said Carol Ferguson.

Private landowners could find there was a 100-year-old wagon trail that now runs through a creek bottom on their land, which could become a four-wheel-drive track, she said.

Ferguson urged looking at the road inventory already completed by former commissioners Sam Samson and Jim McCauley.

"Just limit your work to a definable scope and a definable outcome," she said, "Get away from trails that were used 97 years ago."

Gayle Joslin, a resident of the county and a wildlife biologist with Montana Fish, Wildlife and Parks, said the commission's draft resolution on road jurisdiction "was fraught with inconsistencies and will provide a field day for attorneys."

Similar situations in states such as Colorado and Utah got out of control, with vigilante groups driving their four-wheelers across ranches and private land.

"It's already out of control," replied Commission Chair Ken Weber. "The process is flawed. I wish it was just a black-and-white answer," he said referring to RS 2477, a provision of the 1866 Mining Act the county is using in its efforts.

Job duty

"We've come to believe that it's our responsibility to do this," said Weber. "Public comment kept saying we need to do this."

And, he said, his research has convinced him that the commission needs to pursue this.

A lawsuit involving Tucker Gulch found that Lewis and Clark and Jefferson counties had never legally abandoned the route as a county road, although it now runs through the living room of a house, he said.

Clarifying rights-of-way jurisdiction could prevent future lawsuits and similar situations, Weber said.

Don Harris said the commissioners should get valid public opinion input from a scientifically done survey, rather than forming its opinions from people just walking into the commissioners' office.

"Votes are great. Surveys are great," said Weber. But "we are almost legally bound to do what we're doing."

The commissioners said they intended that any rights-of-way claimed would be nonmaintained county roads.

County priorities and

economic development

Citizen Brian Martin said, "The real issue is priorities. Do you want to invest limited resources into roads that may or may not be used or use it for roads that people use every day to drive to work?"

"Is this a judicious use of county money?" he asked. "I don't like the idea of going full bore right off a cliff."

He urged using the money for infrastructure, rather than research, such as bike trails for kids to get to school safely and maintaining a county road culvert by the school that is plugged and causes flooding.

County Commissioner Chuck Notbohm replied that the metal mines trust fund money being used for the effort couldn't be spent on building infrastructure.

Ferguson and Celia Wolny both questioned how the fund could be used, when its legally designated for economic development to alleviate the economic impacts of mine closure.

"It wouldn't make any difference if we spent metal mines money or PILT or general fund revenue," said Lythgoe. "You just don't want us to do it. I'm not sure it's a legitimate issue. You don't want us to spend money, period."

Weber said he envisions an economic boom from creating motorized routes that would attract four-wheelers and snowmobilers, comparing its potential to the economy of West Yellowstone.

He used to do post-and-log timber cutting, he said, and that for small operators they needed to have roads for access because they couldn't afford to build them.

"Roadless areas won't allow this type of cutting," Weber said.

"I commend the commission," said businessman Steve Marks.

Travel management people have closed too many roads, he said, adding that locked gates and blocked roads were creating a fire hazard in areas with beetle-damaged timber.

Ed Dawes said he had a landlocked mine claim and timber and that he likes to drive a four-wheeler.

"I support reasonable research into this and that a product be brought before the residents of the county for approval or not," Dawes said.

"Isn't this a can of worms?" asked another citizen.

"Yes, it is a can of worms," replied County Attorney Mathew Johnson.

He has advised the county commission not to do a blanket resolution claiming jurisdiction over all rights of way, but rather to select one to 10 roads to look at. "I can't see us grabbing 100 roads."

The county could show its research on these roads to the Forest Service and Bureau of Land Management. If the agencies have reasons the roads do not qualify under RS 2477, that would put it to rest, he said.

"I don't think it is in the best interest to litigate," he said. It has cost small counties in Utah hundreds of thousands to $1 million for such actions.

"It would be in the best interest of the county to get more public input," he added.

Another citizen asked whether the commission had followed legal procedures when it awarded a contract to consultant Environomics, which is being paid $65 per hour for research. The commission has allocated up to $130,000 in metal mines trust funds for the research.

Lythgoe said the county did not need to bid the contract, but had, instead, met with three to four parties to discuss the proposed contract.

The commissioners have given no specifics on the time frame for the research, the number or roads it will include, or the total cost.

The third evening meeting is April 9 at Whitehall High School at 6:30.