No, not that Madison County, but rather Madison County, Montana

In Public Lands Access Ass’n v. Bd of County Commissioners of Madison County, No. DA 12-0312 (Jan. 16, 2014), the Montana Supreme Court held that a riparian owner’s efforts to fence his land to keep the public from crossing it and accessing the Ruby River were not effective. Montana has a statute that allows public access to and use of streams up to the high water mark, and the property owner asserted that the lower court’s ruling allowing access across his land and use of the River under the statute was an unconstitutional taking. The Supreme Court rejected this argument. As the court’s synopsis stated:

The Court also explained that Kennedy’s takings argument is precluded by well-settled law in Montana. Montana’s well-settled law provides that the State owns all waters in trust for the people; that a riparian owner may not exclude the public from areas that are minimally necessary for the public to use its water resource; and that a riparian owner takes his property interest subject to a dominant estate in favor of the public.

In other words, the property owner owned no property that was taken. He did not have the right to exclude the public from wading into the river or floating on it, so requiring him to do so was not a taking. 

It’s a detailed and lengthy series of opinions (70 pages including the concurring and dissenting opinions), but well worth reading if these issues are your cup of tea. 

Public Lands Access Ass’n v. Bd of County Commissioners of Madison County, No. DA 12-0312 (Mont. Jan….

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