FWP lies about Corner Crossing

[Elky Welky]

Never gonna make it out if commity. Hoping some over zealous County Attorney tries to push their luck against a legit corner crossing and gets the WY treatment. Last MT county attorney to have a chance bowed out as soon as the case started to get some attention. Smart move, he's now our Chief Justice.
With our current legislature I see much higher probability of the negative equivalent being introduced, passed, then signed into law. How do you legal experts see a state law codifiying corner cross as trespass holding up as precedent in a 9th Circuit challenge (involving federal land)? The way I see it all playing out is 9th eventually decides with the 8th but MT codifies State Trust land as separate from the Fed ruling.
And all the "Cattlmen" say Amen....

It was the AG's call, not Cory Swanson's, to drop the Sangray case. Although our AG also has not-so-subtle political ambitions. I've met a handful of county attorneys that either don't care (they have too many drugs, homicides, and driving while suspended cases to prosecute), or don't want the heat. On the flipside, FWP just issued a new directive to their law enforcement to start citing people, so some unlucky CA might not have a choice.

I think you are very right to be concerned about State lands, Colorado--which is in the 10th--exempted state lands from CC. But though I think there are many legislators that would love to block public access via corners, they also know that would land them in hot water with their constituents to bring a bill. They don't need to make it expressly illegal and invite a 9th circuit legal challenge so long as they can keep prosecuting under our current hunting without permission and trespass statutes. I think they will take the easy way out, which is simply trying to kill this bill and taking no further action.

 

[TOGIE]

I think you are very right to be concerned about State lands, Colorado--which is in the 10th--exempted state lands from CC.

we don't have a right to be on them regardless...

 

[Nunjagottam]

we don't have a right to be on them regardless...

Expand?

 

[WildWill]

Expand?

In Colorado unlike some other western states, state land isn't open to the public. There are exceptions like cpw leasing some and allowing access for instance. But just because it's "public" land dosen't necessarily mean it's open to the public.

 

[TOGIE]

Expand?

like @WildWill said, by default and per statute, state trust lands in colorado are not open to public access.

CPW does put lots of dollars towards leasing strategic STL properties that provide great hunting/fishing access. money well spent IMO.

but, colorado did not maliciously exclude state lands from CC. in fact, i don't even know if it's fair to say they excluded them in any capacity, they just simply aren't included/not even a part of the conversation because they're not public land. they're neither here nor there.

whether your cross a corner on to STL land or walk on it through a gate on the side of the road, you would be trespassing either way.

 

[Nunjagottam]

like @WildWill said, by default and per statute, state trust lands in colorado are not open to public access.

CPW does put lots of dollars towards leasing strategic STL properties that provide great hunting/fishing access. money well spent IMO.

but, colorado did not maliciously exclude state lands from CC. in fact, i don't even know if it's fair to say they excluded them in any capacity, they just simply aren't included/not even a part of the conversation because they're not public land. they're neither here nor there.

whether your cross a corner on to STL land or walk on it through a gate on the side of the road, you would be trespassing either way.

Cool thanks, MT has some state lands that "aren't accessible" but I've never heard of anyone getting tickets. We used to to have the separate state lands permit which was required in order to be on state ground, but it has since been bundled in with the conservation licence. Pretty much everyone i know considers state land to be synonyms with public land except, of course, the ranchers of the UPOM persuasion.
I was just in a conversation with an outfitters who was bemoaning "that corner cross ruling" and how the public is running roughshod over some checkerboard state ground on the ranch he leases. Personally I think thats awesome, but I'm not gonna be out there testing the waters until something is settled black and white.

 

[sclancy27]

That was a cluster.

Krayton Kerns (R-Billings) was the co-sponsor. He told all of us hunting groups we had better show up. We did, in big numbers. Then in committee, he voted against his own bill, which was the deciding vote to make sure it did not leave the committe.

I had never heard of someone voting against their own bill. And I've never heard of it since then. The Republican leadership took him to the woodshed for even co-sponsoring the bill, forcing him to take the humiliating route of voting against his own bill in front of everyone.

Ha, I know Krayton from growing up around Laurel.