Lawsuit Filed to Cement Legality of Corner Crossing in Montana

[Forkyfinder]

I gotta hand it to Eric. At least he has the guts to come say it.

Imagine for a moment that the chicken shit who doctored the land exchange policy had that courage.

 

[BuzzH]

From personal experience, I’d say those who folllow the law to a T are the minority.

That statement says way more about you than the hunters you're running down.

 

[DP_PublicLands]

From personal experience, I’d say those who folllow the law to a T are the minority.
I think that the public should be able access legally accessible public lands. If SCOTUS rules corner crossing is legal, I have no issue.
No time to further waste time here. It’s 5 am and I shoulda left the house at 4 to bale hay.

That's an odd bar to set. Of all the court decisions in the country every year, SCOTUS reviews less than 100. If you apply that logic to other laws, you basically don't believe in 99.99% of them. You rebel you.

 

[Elky Welky]

Here's the thing - we are not for asking corner crossing to be legal. We are saying its never been a trespass. Therefore, any ranch with checkerboard is and always has always been subject to "corner crossing potential".

I'll add here, criminal law is typically within the purview of the States to enact and enforce. There are of course federal crimes, most notably the Unlawful Inclosures [sic] Act, which makes it illegal to block a corner from public access. As this is the only law on the books that directly deals with corner crossing, logic would dictate that corner crossing is already federally legal. This was a significant part of the 10th circuit's ruling.

@Eric Albus Corner crossing doesn't need to be "legalized" because it has never been made illegal in Montana in the first place. As much as our Gov Lt. Gov., and FWP director would like to will that into existence. As @DP_PublicLands also rightfully pointed out, SCOTUS doesn't have to and likely won't take up the issue. To that end, @BuzzH SCOTUS declining to take up the issue doesn't mean they have made a ruling, it just means they don't care enough to resolve it for anywhere outside of the 10th circuit.

 

[BuzzH]

I'll add here, criminal law is typically within the purview of the States to enact and enforce. There are of course federal crimes, most notably the Unlawful Inclosures [sic] Act, which makes it illegal to block a corner from public access. As this is the only law on the books that directly deals with corner crossing, logic would dictate that corner crossing is already federally legal. This was a significant part of the 10th circuit's ruling.

@Eric Albus Corner crossing doesn't need to be "legalized" because it has never been made illegal in Montana in the first place. As much as our Gov Lt. Gov., and FWP director would like to will that into existence. As @DP_PublicLands also rightfully pointed out, SCOTUS doesn't have to and likely won't take up the issue. To that end, @BuzzH SCOTUS declining to take up the issue doesn't mean they have made a ruling, it just means they don't care enough to resolve it for anywhere outside of the 10th circuit.

I would guess if the 10th ruling was off the rails, they would have taken it up...

 

[Elky Welky]

I would guess if the 10th ruling was off the rails, they would have taken it up...

More likely they want to see if another circuit takes it up and rules the same way. If there’s what’s called a “circuit split” and one rules one way and one rules another, then there’s a far better chance they pick it up.

 

[Eric Albus]

That statement says way more about you than the hunters you're running down.

The ones I watch shooting animals from public land that are on private land, different ones pretty
Much every year. Last year the fella that shot from a state section onto private killing an antelope, while parked on Cnty road? To make it better they had a 10-12 yr old kid with them. Or do you mean different ones I’ve had experiences with, cause there have been lots over the last 5-7 years, and it seemly gets worse annually as there are fewer and fewer game animals available.
Having morals and integrity is doing the right thing when nobody is watching, not just when we hope they can’t see us.

 

[SAJ-99]

Last year the fella that shot from a state section onto private killing an antelope, while parked on Cnty road? To make it better they had a 10-12 yr old kid with them.

That's how Montana traditions are passed from generation to generation.

 

[Rack Daniels]

Was it on private? Or landlocked public?

 

[BuzzH]

The ones I watch shooting animals from public land that are on private land, different ones pretty
Much every year. Last year the fella that shot from a state section onto private killing an antelope, while parked on Cnty road? To make it better they had a 10-12 yr old kid with them. Or do you mean different ones I’ve had experiences with, cause there have been lots over the last 5-7 years, and it seemly gets worse annually as there are fewer and fewer game animals available.
Having morals and integrity is doing the right thing when nobody is watching, not just when we hope they can’t see us.

So a couple instances and you broad brush all hunters as lawbreaking trespassers...you said very few follow the law, remember?

Can you share all the stories of gates being left open and your cows being shot too?

 

[Eric Albus]

Was it on private? Or landlocked public?

State section with Cnty rd going thru it. Surrounded by private

 

[Eric Albus]

So a couple instances and you broad brush all hunters as lawbreaking trespassers...you said very few follow the law, remember?

Can you share all the stories of gates being left open and your cows being shot too?

If you’d like me to. Or maybe the drunk guy shooting at deer on private land from the county road who threatened to shoot my son when he asked “who gave you permission to hunt on our place”’.
Hunter behavior and ethics are a real problem in this state. And it is not just from resident hunters it is nonresident hunters as well.

 

[Treeshark]

Or maybe the drunk guy shooting at deer on private land from the county road who threatened to shoot my son when he asked “who gave you permission to hunt on our place”’.

That’s crazy. What are the authorities doing when you’re calling these guys in? I would think a DUI and threatening to murder someone would at least lead to some hefty fines.

 

[Eric Albus]

Sheriff came and had a visit with them.

 

[BuzzH]

If you’d like me to. Or maybe the drunk guy shooting at deer on private land from the county road who threatened to shoot my son when he asked “who gave you permission to hunt on our place”’.
Hunter behavior and ethics are a real problem in this state. And it is not just from resident hunters it is nonresident hunters as well.

I'll take things that never happened for 500 Alex.

 

[mtmuley]

That's how Montana traditions are passed from generation to generation.

Bullshit. mtmuley

 

[BuzzH]

That’s crazy. What are the authorities doing when you’re calling these guys in? I would think a DUI and threatening to murder someone would at least lead to some hefty fines.

No, the Sheriff just gave them a talking to...

 

[Treeshark]

Sheriff came and had a visit with them.

I appreciate you coming on here and discussing this stuff, so I hope it doesn’t appear that I’m coming at you here-

But your accounts of rampant trespassing (along with much worse crimes) are painting a picture of general lawlessness in your part of the state. With elected position, is it a priority of yours to fix that problem? That seems like a way bigger issue than the impact on real estate values caused by corner crossing being legal.

 

[Treeshark]

I can see why some landowners in checkerboard regions would want for corner crossing to be illegal. It gives some landowners exclusive and free access to large chucks of public land. That is a sweet deal and I won’t pretend that I wouldn’t feel the same way as you if I was in your shoes, @Eric Albus.

Tales of roving bands of criminals taking over doesn’t seem to be convincing to anyone- I think most of us realize why you feel the way you do, may as well just be honest about it.