Ninth Circuit: Owner Has No Right of Access to Property From Federal Land

Mr. McFarland's property is surrounded by Glacier National Park in Montana.  The only way to get to the property in the winter is by Route 7 (the Park Service prohibits snowmobiles).  The Service closes the road to the public, but until 1999 allowed landowners limited winter access.  In 1999, however, the Service closed the road to everyone in the winter in order to protect wildlife and public recreational opportunities.  McFarland sued, asserting he was entitled to an easement over Route 7, and alternatively that the Service should have granted him an access permit. 

In McFarland v. Kempthorne, No. 06-36106 (Oct. 2, 2008), the Ninth Circuit rejected McFarland's claims for an express or implied easement, and for an easement by necessity.  The court also held that the Service's denial of his permit for an access permit was not arbitrary or capricious.