EBS STAFF
A federal court has ruled in favor of long-standing public access to Skunk Creek Road, an access point to the Bangtail Mountains off of Brackett Creek Road. The ruling secured a key access point to hunters, anglers, hikers and bikers. In November 2025, a Montana Federal District Court judge ruled in favor of the U.S. Forest Service, rejecting claims by Incline Ranch that aimed to restrict access along the road. The court found that the public had used and parked along Skunk Creek Road for decades and that the landowner’s challenge was barred under the 12-year statute of limitations.
The ruling bookends more than two years of conflict following the sale of private property at the end of the road, during which the new landowner attempted to limit parking and winter access despite a documented public easement. Incline Ranch is accessed via Skunk Creek Road, also known as Forest Service Road No. 974, which exits the property eastward back onto Forest Service land.“This ruling is a victory for the Forest Service and for the preservation of public access generally,” stated the Public Land Water Access Association, a local organization in favor of the effort to maintain access, in a press release. “It can and should serve as a roadmap for any agency that finds itself defending lawsuits that attempt to restrict easement rights held by federal or state agencies to access public lands.”
