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Alpine_Junky
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# Posted: 3 Aug 2021 10:53am
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Wondering if anyone has navigated / can offer some guidance or even a referral to an Attorney they might have had some experience with on a like matter.
I reside in Montana; recently impacted by wildfire. I built a cabin as my main residence over the last year and moved into it in June -- not quite finished but darn near.
Cabin access is located on what they refer to as a county road but it has a forest service number attached to it. The forest service enacted a closure and I am being told it will likely be months long -- preventing access.
I have contacted a slew of Attorneys who wished me luck.
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gcrank1
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# Posted: 3 Aug 2021 10:59am
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Maybe check on the point of 'any diff of access between a residence and a recreational cabin'?
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snobdds
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# Posted: 3 Aug 2021 02:22pm
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Went through this last summer. While I was not directly impacted, the FS closed down the entire forrest from users. After the fire ceased due to snow, they lifted the restriction and landowners were allowed to go in and winterize their cabins.
Once they close down a forest, there is little anyone can do. The orders were enforced through FS law enforcement employees and the local sheriff. It is for the best and it did allow firefighters room to work.
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Brettny
Member
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# Posted: 3 Aug 2021 02:31pm
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Did you have insurance?
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Alpine_Junky
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# Posted: 3 Aug 2021 02:40pm
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Yes, place is insured well. They won't begin coverage though until a loss is incurred which makes the place not inhabitable. I am not certain right now on status; but do know that there is fire very close from 2 directions and resources are all but not available.
The building and property are pretty hardened for where I am at in the build process; all metal siding, roofing, and soffit with very good defensible space around the places.
There are 16 residences on the road; I believe all but 1 are full timers.
I had 3 fire pumps set up and a backhoe though not permitted to use. The forest service set up their own sprinklers and having stayed as long as I could past evacuation, witnessed several failures on my own residence and neighbors pumps. Old Mark 3s that were pulled from storage and needed carbs rebuilt. I feel like I am stuck in the twilight zone.
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Brettny
Member
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# Posted: 3 Aug 2021 03:42pm
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Your insurance may pay for a hotel until you can get back to the place. I might co text them and tell them your story.
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ICC
Member
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# Posted: 3 Aug 2021 09:23pm - Edited by: ICC
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The usual thing is that once you leave the property when an evacuation has been ordered is that you cannot return until the order is lifted. Sometimes where I am located an order may be issued that only allows bona fide full time residents in.
It may take some looking, even cost money but see if there is anything behind the story of why some call the road a county road but there is a FS number on it. There are two roads here in NM that I know of that have FS numbers but the FS messed up decades ago and do not have full legal rights because somebody messed up. One of the roads in question was across a piece of our land. We had to go to court but we did prevail.
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toyota_mdt_tech
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# Posted: 4 Aug 2021 08:07am
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Up by my place, we have a county road and that same roads goes right into the national forest, but after a certain spot, the country road ends and the rest is forest service. Where the county road ends, is where the maintenance ends, snow plowing, mail delivery, school bus pick up etc. There is residence around a lake in the national forest that has private property and summer cabins on one side.
During the fire, was labeled road closed, but they staggered the road blocks so locals can drive up.
The fire dept will defend your cabin, if its defensible, ie plenty of room, opened around it, can they get the truck in there? It sounds like you have the vegetation cut way back.
After this is all over, clear back more if needed, cut all lower branched off, I went up 20 feet on larger trees near my cabin, but I have a good buffer and all full of gravel. Gravel doesnt burn. I blow off all pine cones and needles off the gravel from the ponderosas.
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