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three cabins already existing on the property. The easement also
gives petitioner the right to construct one additional cabin on
the property not to exceed a height of 20 feet and area of 1,500
square feet on each floor.
The upper area of Flying H, which incorporates the easement,
is utilized by the ranch for summer livestock grazing. Cattle
are moved up onto the easement, as well as onto adjoining
national forest lands, over which Flying H controls grazing
rights. The easement, however, places numerous restrictions on
petitioners' right to use the property. Development of the
property by subdivision is completely prohibited, as are all
residential, commercial, or industrial uses. Oil and mineral
exploration and extraction are prohibited. Agricultural use is
severely limited; no crops can be grown, and no timber can be
harvested. Livestock grazing is restricted to 300 Animal Unit
Months12 (AUM's) per year. In addition, the easement gives the
Conservancy several possessory rights, such as the right to enter
the property, to cut and remove vegetation, and to conduct
prescribed burns.
Norman C. Wheeler (Petitioner's Expert)
Norman C. Wheeler (Wheeler) is the owner of Norman C.
Wheeler & Associates, a 35-year-old agricultural management and
consulting firm with offices throughout Montana. He is a
12 An animal unit month, or AUM is the amount of forage that
one 1,000 pound cow will consume with a calf at its side that has
not been weaned.
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