Montana
Conservation easements bring permanent protection for Flathead lands
Just east of Kalispell sits a 731-acre farm property owned by Myron and Vicky Mast. With hay bales stacked to the sky, a litter of red heeler puppies running around and a farmhouse built in 1978, the Masts call the farm home.
Their home, as of this year, is officially conserved in perpetuity through a conservation easement, something that has happened multiple times in 2023 across the valley.
“Open spaces are going away,” Myron said. “Somebody has to preserve them. May as well be me and my neighbors.”
Conservation easements are voluntary legal agreements between a land owner and a land trust that permanently limit development on a parcel of land to protect its conservation values. Landowners place their property under an easement — by donating the land or receiving payment for the land or sometimes in a combination of both — agreeing to restrictions typically that the land will not be developed.
The land remains private and landowners can still operate on their land following the terms of the agreement.
Simply, the easement protects the land from future development thus preserving its value for agriculture, timber, open space, recreation and wildlife habitat.
“The Flathead is changing fast and we need to do something before we lose it,” said Mark Schiltz, the Western Manager for the Montana Land Reliance, a nonprofit land trust. “We need to do something to help landowners who want to step up and protect their land.”
The Masts put their Creston land under a conservation easement in November with the help of the Montana Land Reliance, one of the organizations working to preserve productive lands in the valley. The easement actively helps conserve 731 acres of productive farmland, sub-irrigated riparian pasture and forestland.
Myron Mast’s parents in 1930 purchased the first parcel of land at 320 acres. Over time, they acquired more property in the area. Myron, the youngest of six, stewards the land today, farming and cultivating it like his father.
“[My parents] worked very hard to put the land together, I didn’t want to be the one to tear it apart,” Myron said.
The Mast easement received funding through the Natural Resources Conservation Service’s Agricultural Land Easement Program and the Montana Land Reliance’s Richard and Grace Blanchet Fund — named after local farmers who protected their property and left their estate to the Montana Land Reliance to be farmed.
“It’s a feeling of confidence that it’ll stay that way,” Myron said about his land. “To know it’ll stay that way after I’m gone is a comforting thought.”
The Montana Land Reliance focuses on preserving properties in the Creston Bench area, specifically with the intent of protecting farmlands. The group completed the one conservation easement in 2023, but has multiple in the works for 2024 including more land in Creston.
“In a world that is changing so fast, cultural changes, social changes, technology changes, certainly changes in our values and with people… we live in change all the time,” said Schiltz. “But a conservation easement is the only tool to stop change, literally stop it. That land will never change.”
NOT ONLY do easements keep landscapes intact, but they also protect the conservation values on that landscape — including habitat and natural areas, according to Paul Travis, executive director of the Flathead Land Trust.
The Flathead Land Trust is another conservation trailblazer in the area. The trust saw multiple completed easements this year and anticipates in 2024 finishing its biggest current project, the Owen Sowerwine Natural Area.
The natural area — a 442-acre tract of land just half a mile east of Kalispell — is School Trust Land administered by the Department of Natural Resources and Conservation, meaning that it is used to generate revenue for schools in Montana.
Currently, those revenues come from license fees, paid by Audubon organizations, to designate the land as a natural area.
Besides its trails, a footbridge, and a couple of birdhouses, the land is mainly a place for wildlife alone. The addition of an easement, Travis said, ensures a long-term, financially sound option to ensure the habitat and wetlands remain intact.
The easement will go directly to the school trust fund to further bypass the use of licenses on the property, protecting the land while not disrupting funding provided to the fund.
The Montana State Land Board unanimously approved the easement last week. According to the Flathead Land Trust, the easement is on track to be finalized in early 2024. The easement will be purchased for its appraised value of $970,000.
With the added conservation easement, virtually nothing is changing, Travis said. The main change is a matter of funding; in fact, the point is to secure — not change — the conditions that currently exist on the ground to preserve the area for the future.
In addition to finalizing the easement for Owen Sowerwine, Flathead Land Trust has helped private landowners conserve their land in perpetuity.
In the final days of December 2022, the Flathead Land Trust finalized an easement on 655 acres of farmland and wildlife habitat along the Stillwater River, owned by the Kohrs family.
“The easements are protecting our quality of life in Northwest Montana,” said Laura Katzman, a land protection specialist for the Flathead Land Trust, back in January. The easement set the stage for a successful 2023.
The land trust completed its first 2023 easement in January with the conservation of a 24-acre open-space property owned by Pat Nissen.
The property is adjacent to another 27-acre stretch of conservation property and, according to the land trust, the Nissen property serves as a wildlife movement corridor for bears and other animals between the Whitefish Range and Stillwater River.
“I could see where things were going around here and I wanted to do what I could to save at least a little bit [of land],” Nissen said in an interview in February.
In May, the Flathead Land Trust helped Ed Goldberg, who owns 40 acres of land along the Swan River just east of Bigfork, place his land under an easement, helping to protect primarily undisturbed forest and riparian habitat.
Goldberg moved to Bozeman from Boston in the early 2000s. After buying land in the Flathead in 2020, Goldberg quickly fell in love with the land and couldn’t stand to see it developed, he said in June.
When a friend of Goldberg’s, who works with conservation efforts in California, recommended he reach out to a local conservation group to protect the property, it was an easy decision, he said.
“It was a pretty simple process,” said Goldberg. “Let this hopefully be a catalyst.”
Though the conservation easements came in 2017 and 2018, the Grosswiler family this year was honored for their efforts in preserving land. The owners of 396 acres of farmland, open space and critical habitat west of Kalispell, the family placed their land under an easement with the help of the Flathead Land Trust.
This year, the Grosswilers were one of five individuals and families to receive the 2023 Montana Watershed and Wetland Stewardship Award, an award based on leadership and dedication to protecting land and water statewide.
The family also worked with Montana Fish, Wildlife and Parks to grant public access on a portion of their land, creating the West Valley Bird and Wildlife Viewing Area, which overlooks the property, has parking, a few benches, a tower viewer and is popular for birders.
“We can’t give enough credit and thanks to our willing landowners for wanting to conserve their lands and enter into a conservation easement, and especially on top of that, allow some public access,” Travis said in May regarding the Grosswilers.
Two additional easements were closed in 2023 by the Vital Ground Foundation, a land trust specifically working toward conserving habitat for and encouraging connectivity between grizzly bears.
“We are really fortunate to be working with some conservation-minded landowners … where we can protect working lands and some of the best scenic space Montana has to offer,” said Mitch Doherty, the group’s conservation director.
The first easement — completed by Vital Ground with collaboration from Montana Freshwater Partners — was placed on 30 acres in the Swan Valley in January. The property is essential for connectivity between the Bob Marshall Wilderness and the Mission Mountain Tribal Wilderness, according to Vital Ground.
This second easement, completed at the end of February, was on 28 acres of land near Eureka, owned by Greg and Lisa Levine.
Vital Ground previously designated the Grave Creek area of Lincoln County — where the Levine’s land is — as an important habitat for grizzly bear connectivity in 2018, according to Doherty. The Levine family’s donated conservation easement will help protect the entire Grave Creek area.
“Knowing that wildlife is consistently moving east to west in there, we knew we could take a deeper dive in conserving the area,” Doherty said in a March interview.
Regardless of location and landscape, easements are a great way to ensure that parts of the valley will remain open and natural, the land trusts emphasize. With the landowners having the decision-making power, each easement is personalized to what makes the most sense for the specific family and specific property.
All three organizations have projects in the works and expect to be completed in 2024, anticipating another successful year of conservation in the valley.
“While each of us have sort of our own niche and our own roles, I think it’s important that we are all working together at the same,” Doherty said in November. “All the land trusts, including Vital Ground, have sort of a long-term commitment to our easements. That is that stewardship piece.”
Reporter Kate Heston can be reached at kheston@dailyinterlake.com or 758-4459.
Montana
Man who carried out armed robbery with no pants on at Montana gas station jailed
A man who carried out an armed robbery at a Montana gas station while wearing no pants has now been jailed.
The bizarre robbery unfolded on October 16 2023 when Samuel James Collins barged into a Town Pump gas station in Townsend, near Great Falls, wearing a hooded blanket coat, but no pants or shoes, and fired a round from a pistol, prosecutors said.
Collins, 34, then demanded money from two employees who handed over roughly $330 in cash, before he fled the scene in a pickup truck.
The entire incident was captured on surveillance footage, showing the armed robber’s unusual choice of attire.
Just 20 minutes after fleeing the scene, the 34-year-old was tracked down by Meagher County Sheriff’s Office deputies and taken into custody.
Officers found a loaded 9mm pistol, $329 in cash and a shell casing inside his truck.
A bullet and shell casing recovered from the gas station were found to match the pistol, prosecutors said.
Collins pleaded guilty in July to possessing and discharging a firearm during a crime of violence, according to the US Attorney’s Office for the District of Montana.
On Wednesday, he was sentenced to 10 years in prison followed by three years of supervised release.
Montana
Judge hears arguments over effort to block Montana rule barring sex designation changes • Daily Montanan
A district court judge in Helena heard arguments Thursday afternoon from attorneys seeking a preliminary injunction on behalf of two transgender Montanans who argue that a rule from the state public health department preventing them from changing their government documents to denote their gender instead of their birth sex is unconstitutional.
ACLU of Montana attorney Alex Rate told Lewis and Clark County District Court Judge Mike Menahan that the Department of Public Health and Human Services’ rule finalized in February essentially prohibits transgender Montanans from changing the sex designations on their birth certificates.
He argued that the state Motor Vehicle Division is not allowing the plaintiffs, Jessica Kalarchik and Jane Doe, to change their sex designations on their driver’s licenses because they are unable to change those designations on their birth certificates in the first place.
Rate used the words of Missoula County District Court Judge Jason Marks when he struck down a bill to prohibit youth from receiving gender-affirming care in September 2023.
“The purported purpose given for these policies is disingenuous. It seems more likely that the policy’s purpose is to ban an outcome deemed undesirable by the State of Montana. This conduct is replete with animus towards transgender persons,” Rate said, citing Marks’s order.
The state, represented by the Attorney General’s Office, argued that sex and gender are not interchangeable, and that court precedent recognizes sex as a binary of male and female.
The plaintiffs are asking the court to issue an injunction barring DPHHS from enforcing its rule and the MVD from not changing sex designations on driver’s licenses, which has not been introduced as a written policy but one which the plaintiffs’ attorneys say is being enforced on the ground.
They are also seeking to certify a class of transgender Montanans in what they hope will become a class-action lawsuit protecting the rules from being enforced for all current and future transgender Montanans who want to change their birth certificates and IDs or driver’s licenses.
Marks said issuing a preliminary injunction would restore the status quo in place in 2017, when Montanans were allowed to change their sex designations without issue. He said that even though a 2021 law that was similar to the DPHHS rule finalized this year was struck down as unconstitutional, the department was in 2023 found to be in contempt of court for “openly and repeatedly” defying the injunction.
And in February, the department moved ahead with the rule change after the Legislature passed a bill, Senate Bill 458, aiming to state in Montana law that there “are exactly two sexes, male and female.” DPHHS said the only changes to sex designations allowed would be to correct errors on birth certificates. A district court judge this past summer found Senate Bill 458 to be unconstitutional as well, though the state is appealing that decision.
Rate told Menahan that backstory is key to proving that the State of Montana is targeting transgender people with the rule and discriminating against them in violation of the state Constitution, its equal protection clause, and the right to privacy it affords Montanans. He argued the state offered no compelling interest for the rule.
“The state says that this isn’t speech at all, but rather a record. But that is a statement of your sex, and the state is forcing our clients to present their view of their sex,” Rate said. “The state cannot arbitrarily decide what is an individual’s sex and force them to speak that into the world. That is the definition of compelled speech.”
Assistant Attorney General Alwyn Lansing argued on behalf of the state, telling Menahan that the plaintiffs were trying to get the court to make transgender people a protected class.
“To adopt plaintiffs’ argument would be to create a new protected class, which is gender identity, that is in direct conflict with Montana Supreme Court precedent. The Legislature is the only one who could do that,” she said. “…The right to privacy does not include a right to replace an objective fact of biological sex on a government document with subjective gender identity.”
She also contended that since not all transgender Montanans are seeking to update their personal documents, siding with the plaintiffs would prescribe “personal values of some onto the laws which govern all.”
Rate said the state could not rely on Senate Bill 458 because it is enjoined, and the expert testimony the plaintiffs submitted from two medical experts in the transgender field showed there is a strong relationship between sex and gender identity, and that disallowing that expression was harmful and discriminatory to transgender Montanans.
Arguing as to why a class should be certified in the case, ACLU attorney Malita Picasso said state data showed at least 280 Montanans had sought to amend their birth certificates during the past seven years, at least 85 since 2022. She said certifying a class of transgender Montanans who currently or in the future may want to change their sex designations would ensure that any court decision would apply to all transgender Montanans, not just the current plaintiffs in the case.
She also said that certifying a class for the case would prevent confusion should separate cases be filed in other Montana district courts and judges come to differing conclusions. Assistant Attorney General Thane Johnson told the court that whatever Menahan decides regarding the injunction would apply to the entire state of Montana, and he believed the plaintiffs did not meet all the necessary prongs to turn the case into a class-action suit.
Picasso responded that the state’s record showed it would try to fight the changes even if an injunction was granted, however. She said that if Menahan issues an injunction and the two plaintiffs do get their documents changed, the state could then claim the case and injunction were moot because the plaintiffs had gotten the relief they had sought, then apply the same rules to other transgender Montanans.
“If the defendants would like to enter a stipulated agreement in which they, you know, say that they won’t enforce it as to others, then I think that maybe we could reconsider,” Picasso said. “But at this stage, it seems pretty clear that were the injunction to be issued only as to the named plaintiffs, that the defendants would be arguing for that to be limited to just them.”
Menahan did not issue any orders from the bench Thursday and did not state when he might do so following the two-hour hearing.
Montana
What Montana HC Travis DeCuire Said After Grizzlies Fell At Tennessee | Rocky Top Insider
Tennessee basketball handed Montana its second loss of the young season on Wednesday night, using a big second half to coast past the Grizzlies 92-57.
Following the game, Montana coach Travis DeCuire met with the media and discussed the strong play of his sophomore guard Money Williams, what makes Igor Milicic Jr. tough to defend and more. Here’s everything DeCuire said.
More From RTI: Three Quick Takeaways As Tennessee Coasts Past Montana To Remain Unbeaten
Opening statement
“Rough night for the Griz. We had a little more fun in the first half than we did in the second half, obviously. I think Coach Barnes’ halftime speech was a little better than mine, in terms of getting this team ready to go in the second half. But I thought we did a good job defensively in the first half taking away some of the rhythm, some of the shots that they were trying to get. Obviously, some some fouls. Got some of their better players out for some stretches, which allowed us to make some runs as well. Second half, they ramped up their defensive intensity and I think we lost ours. To give up 63% in a half, regardless of who we were playing, is not like us. I don’t know the last time we’ve done that. But Chaz Lanier obviously going early in the in the second half and I thought that was a difference in terms of getting that team going.”
On what Montana guard Money Williams did to have such a strong game
“Money is good at making plays, whether it’s in a ball screen or in space. I think he generates offense for us in a lot of ways. Tonight he scored the ball, he made shots. But there are times when he is creating shots for others as well. We just did not have a great shooting night. So he felt he needed to score more for us to stay in the game, which was true.”
On what adjustments Montana made on defense after Tennessee started 6-for-6 from the field
“Our biggest thing was beat screens. Coach Barnes still plays a style of basketball that I believe in. A lot of people call it a old school, where you set a lot of screens away from the ball for shooters. From watching them in film, we saw that they really set screens very well. So for us, our goal is to beat the screens, to get through them and not require a bunch of help. And I thought we did a good job at the first half. As fatigue set in, fouls set in, I think we just did not execute that as well in the second.”
On what makes Tennessee’s Igor Milicic so difficult to guard
“Well, he wasn’t difficult to scout. We we knew he made over 100 threes in his previous school, but he hadn’t been shooting threes, or at least not very many. And so they hadn’t really been catering to that. Obviously they made some adjustments. They watched us defensively saw how aggressive we are on the ball screens. So they were looking for that early in the half. And then he got open for some drop-offs and lots out of ball screen coverage. But that wasn’t necessarily him making a play. That was that was (Zakai) Zeigler making a play.”
On Montana’s defense forcing nine first half turnovers
“We wanted to be physical. We wanted to apply pressure on everyone other than Zeigler. We thought containing him was the most important thing. Not a lot of assists coming from other people. So we thought that if we could apply a little pressure on the post and the wings and force them to try to create, that maybe we could either force some turn some turnovers or low-percentage shots, which that did happen early. But eventually they got out of that.”
On Money Williams being able to attack the Tennessee defense
“We got we got a little taste of that last year. He only played 12 games last year, but his best games were Houston, Nevada. So when the lights are bright, it’s typically when he can’t show enough. Unfortunately his season ended early with an injury, so we weren’t able to see that level of consistency. But we knew he was capable of that.”
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