Montana Outdoors Vol 14 No 5 Sep/oct 1983

Cover Montana Outdoors Vol  14 No 5 Sep/oct 1983
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What they will ignore are two Supreme Court decisions that do put limits on those rights. One is Justice Oliver Wendell Holmes' famous decision stating in effect that yes, the individual does have a right to swing his fist, but that right ends where the other fel- low's nose begins. If my fences were to be blown under, my stockwater reservoirs to be silted full, and my springs cov- ered with silt, then I would think the other fellow had swung his fist too far. The other decision is of more rece...nt vin- tage, but quite to the point: "What the government subsi- dizes, the government has the right to control." In the Winnett area, local residents felt that the neighbor's "right to swing his fist" had gone a hair too far, and steps were taken to initiate local land-use regulations. Under Montana law, conservation districts can impose land-use regulations if ap- proved by a public referendum. If a proposed county land-use ordinance is enacted, it would be the first of its type in Montana. Their concern is focused on a farmer-speculator who had purchased two large ranches in Petroleum County, totaling more than 66,000 acres of deeded and leased land.

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Montana Outdoors Vol 14 No 5 Sep/oct 1983
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