Eminent domain considered for getting access to forest

After years of negotiations have failed to gain access across one mile of private land to reach 16,000 acres of the Gallatin National Forest, the agency is considering pursuing an easement through the use of eminent domain. "We certainly don't approach the use of eminent domain lightly," said Marna Daley, the Gallatin's public-affairs officer. The agency has never used the big-stick approach to gain access in Montana, and it has rarely used it elsewhere in the United States. Even now, Gallatin Forest officials are hesitant to use the word, but they say there are limited courses of action left. "There's a discussion right now with the Washington office about our next course of action," said Bill Avey, Big Timber District ranger. "I explained to my boss that it appears we're out of options at this time." According to Forest Service research, public use of the road dates back to 1896. A ranger cabin existed on the forest in the early 1900s. Because it is the closest forest access to Big Timber, the road and mountains it leads to are popular with big-game hunters. In the Gallatin's travel plan, the area is specifically geared to motorcycle use, offering a number of loop routes on single-track trails. Despite the well-documented historic use, in 1991 the Sweet Grass County commissioners declined to declare the road a public route...read more