A Madison County commissioner has floated possible eminent domain for the seizure of the privately held Jack Creek Road that connects Ennis and the Madison Valley to the peaks of Big Sky as a fight between the two communities heats up. County commissioner Bill Todd made the comment at a recent state Senate taxation committee hearing on a bill that could potentially be detrimental to the county. Still, the threat of eminent domain may be nothing more than a political flex since, according to at least one legal expert, it would likely cast Madison County into a tedious and expensive legal battle against one of Montana’s wealthiest communities. “We are going to explore eminent domain of that road to ensure that there are no artificial restrictions on access within a geographical area,” Todd said at the Feb. 12 hearing. “We’ve just begun to address the concept. I could say that any remedy and solution is on the table as far as Madison County is concerned.
Another commissioner, Duke Gilman, said he wasn’t aware of any eminent domain conversation until it was mentioned at the Senate Bill 260 hearing. I am more interested in hearing what is presented to us about the process than in seriously applying it to the Jack Creek Road, he said. At this point I do not think it would really benefit anyone.
For over a year, some residents in the Madison County section of Big Sky — which straddles Gallatin and Madison counties — have been attempting to switch out of the hospital and school districts, claiming they don’t use them. Rather, because Big Sky has a medical center and schools on the Gallatin County side, they’re arguing their tax dollars shouldn’t be supporting districts in a valley 2,200 feet below only accessible by air, driving around the Madison Range or by using Jack Creek Road. To date, there have been two lawsuits, two failed attempts by Big Sky residents to leave the districts through a petition process, and the recently introduced SB260. That bill would make it easier for residents of a specific area to leave a district, bypassing local government and going straight to the voters of the same area.
The potential impact, however, could be detrimental to the rest of Madison County, likely resulting in increased taxes or fewer services. If the portion of Big Sky were to successfully leave both districts, 87% of the Ennis school district budget and close to $3 million of the hospital district’s $3.4 million raised by taxes would vanish. The hospital district’s overall budget is around $16.1 million. Jared Moretti, superintendent of Ennis Public Schools, said that once the Big Sky residents leave, remaining taxpayers would have to make up the difference. That would likely result in a 10-fold increase in school-related property taxes. Part of the conflict revolves around the gated 10-mile stretch of Jack Creek Road owned by Moonlight Basin. Whereas some say it’s a well-maintained road that should be publicly accessible to allow Big Sky residents access to the services below, others, especially in Big Sky, say it’s unrealistic. Those living in the Yellowstone Club or Moonlight Basin, both private clubs on the Madison County side of Big Sky, might have to drive 20 minutes to the resort area’s town center to access the medical center. Accessing Ennis by car via Jack Creek Road, however, would be close to a 2.5-hour roundtrip. Moonlight Basin allows access to emergency services or using the road as an evacuation route. It also offers a pay-to-ride program for folks who live in Ennis and either work in Big Sky or have a Big Sky ski pass.
On Thursday, a Chronicle reporter drove the road in a Toyota Tacoma, averaging around 20 mph in four-wheel drive. Jack Creek Road is unpaved, with steep inclines, tight turns and, on Thursday, continuous snow coverage. Jennifer Boyer, one of the three Gallatin County commissioners, said she would run away screaming before ever considering mentioning the idea of eminent domain, or seizing private property. Todd declined to comment but Explore Big Sky reported that he reiterated the consideration via email, saying “Madison County is actively exploring the seizure of Jack Creek Road via eminent domain.”
Kevin Germain, vice president of Moonlight Basin and chair of the Big Sky Resort Area District, also declined to comment on whether the private club is prepared to litigate the issue, but said he doesn’t believe it “reflects the consensus of Madison County leadership.” The topic will be discussed at a hearing at 10 a.m. Monday at the Madison County Commission meeting in Virginia City.
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