A public easement is an easement that gives all people (the public) the right to use and enjoy a tract of property such as a street, sidewalk, park, or beach.
In Montana, a public easement is a legal right that allows the public to use certain property for specific purposes, such as access to streets, sidewalks, parks, or beaches. Public easements are typically established by the government through dedication, prescription, necessity, or condemnation. Once established, these easements are recorded and maintained in public records. They are designed to serve the general interest and welfare of the community. The state statutes and local ordinances govern the creation, extent, and regulation of public easements. Property owners cannot unilaterally interfere with these easements, and any disputes or infringements are typically resolved through the legal system. It's important to note that public easements are distinct from private easements, which are rights granted to specific individuals or entities.