Corner Crossing Update

[SAJ-99]

do you think it matters who manages the public land? ie. corners at blm/state, state/forest, blm/forest, etc.

Good question. Probably an issue of Fed vs State. I would defer to Buzz’s research and conclusion.

 

[BuzzH]

Good question. Probably an issue of Fed vs State. I would defer to Buzz’s research and conclusion.

I can tell you that the livestock interests in Wyoming are wanting to make crossing from state to state or federal to state illegal somehow.

It's my opinion this is just a reaction to getting spanked hard on the elk mountain case and trying to salvage something they can call a "win". It would have to be either a state land board rule or they would have to pass legislation. It's interesting to me that even some of the most hard core R's are coming around to the importance of public access. I think we have made enough noise that any politician that chooses to ignore public access and public lands may find themselves on the unemployment line.

It would be pretty tough for even the Wyoming land board to pass a rule to make corner crossing state corners illegal, there would be some immediate and thorough back-lash.

I would be concerned about what the MT State Legislature would do, they seem way more radical.

 

[MT Super Puncher]

Good question. Probably an issue of Fed vs State. I would defer to Buzz’s research and conclusion.

UIA doesn't apply to state lands.

 

[rogerthat]

I have always wondered about the state sections that touch a county road(clear legal access) but than corner to federal land. It seems the UIA would apply to those. Going from federal to state seems much more less clear cut to me

 

[BuzzH]

UIA doesn't apply to state lands.

I think the question is whether or not it specifically excludes them, which I don't see where it does.

It would be a real interesting thing to see how each state reacts to a state legislature having to pass legislation or land board rules to exclude corner crossing on State lands.

I wouldn't want to answer the phone, read emails, or see my constituents in public much. I also wouldn't count on having my legislative position for long.

 

[MTGunner]

I think corner crossing as we know it is now a past issue, the wyoming case got enough publicity that it’s effectively legal now. I think the legal issue next tested is aircraft for transportation, guides will argue things like transporters should be licensed outfitters, airspace rights etc.

Outfitters pushing the transporter issue should be shunned and their businesses called out as anti public access for nothing more than another cash crop.
Sure, license a guide. A regular resident or nonresident have paid for license and fees. I am NOT going to pay another outfitter fee for access to public property. We already pay for access to state land. Another non government fee is NOT coming out of my pocket in Montana. Enuf of the Schit!!! MTG

 

[TOGIE]

I think the question is whether or not it specifically excludes them, which I don't see where it does.

It would be a real interesting thing to see how each state reacts to a state legislature having to pass legislation or land board rules to exclude corner crossing on State lands.

I wouldn't want to answer the phone, read emails, or see my constituents in public much. I also wouldn't count on having my legislative position for long.

and even then, the UIA is really only talking about how one cannot prevent access, right?

whether or not corner crossing state parcels is illegal is still purely a matter of whether or not it constitutes trespass which is in some senses a separate question from UIA. i could see courts coming to similar conclusions so long as the state parcels are in fact public (unlike colorado). regardless, it seems the elk mountain case kinda implies as much already.