On December 23, 2002 the 9th Circuit Court dismissed MADISON v. GRAHAM, No. 01-35145. The suit sought to have Montana’s Stream Access Law declared unconstitutional on the basis that the statute precluded property owners from excluding others from their property as a Fifth Amendment takings claim.
In 1985, the Montana Legislature enacted the Montana Stream Access Law. The law provides that “all surface waters that are capable of recreational use may be so used by the public without regard to the ownership of the land underlyingthe waters.” Mont. Code Ann. § 23-2-302(1).
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