Montana State Lnds and acces questions,,,,,

[300stw]

ALl,
After following the whole wilks thread I find myself wondering about acces issues on state lands in montana,

the last few years I have been accesing some state lands that are interconnected with blm to deer hunt. During these visits I see some of the same issues being brought up on the Wilks thread,,fence height , fence locations,ect,

when I have contacted the state lands in miles city I have never had a straight answer, i have brought up the question of gates, acces from the hwy right of way ect,,
as my father has gotten older I have wanted to take him into the area on my mules to hunt, he cant physically walk that far ,,

anyways there has been a gate to the area from the hwy right of way, the lease owner removed the gate, and moved it a quarter of a mile on to his private land, he comes and goes with horses atvs ect when he wants, I cannot get acces with my mules,

is there any wording or rules that provides for equine acces to state lands or are they walk in only,,

one state land office i contacted said there has to be equine acces, another said no,
i get tired of seeing the landowner drive thru these parcels on a road every morning and evening under the guise of checking cows, when there are no cows present,,,,

he is a hunter, and likes to have the game on adjoining private land instead of on the public,,

many times i have seen him go out of his way to physically walk to a person on public land and chat them up, in the middle of there hunting,,, in talking with a lawyer it appears he is restriciting these peoples "right to pursue happiness " i dont remember all the details he mentioned but he did mention lawsuits against a person who restricts the "pursuit"

i guess I am wondering out loud about the access and fencing rules pertaining to state lands as well as this state lease owners right to come and go as he pleases on the state land,

is there a public bidding process on these state lands , can i bid on the lease when the lease expires, i remember something about having to pay for the improvements made on the state land maybe,,,

thanks

 

[katqanna]

DNRC State Land Recreational and Access information page Theres a lot of information on the page that deals with a number of the questions you have asked, I just quoted a couple. They have enforcement and contact information at the bottom so that you could call about the gate removal, access questions and the landowner interfering with hunts. I was just about to delve into this subject because there is a state parcel attached to the Durfee Hills BLM. So when I go out around the 20th, I wanted to see what was happening with that state parcel, if it got fenced in, damaged, etc and contact DNRC about any questions.

Access

Legally accessible state land is state land that can be accessed by dedicated public roads (roads usable by the public under state or federal law, or which are under the jurisdiction of the State Department of Transportation, or a county or municipal government); public rights-of-way or easements; by public waters such as rivers and streams that are recreationally navigable under section 23-2-302, MCA; by adjacent federal, state, county or municipal land if the land is open for public use, or by adjacent private land if permission to cross the private land is secured from the land owner. Entry from state land onto private land, regardless of the absence of fencing or proper notice by the landowner, without permission from the landowner, is trespassing!

Most state land boundaries are not marked. Please refer to the BLM or USFS maps, or consult with the adjacent landowner or lessee, to determine the boundary locations.

Posting of state land with orange paint or signs such as "No Hunting" or "No Trespassing" are illegal. Lessees may post state land with blue paint to signify no unauthorized use. However, if such land is legally accessible, and has not been closed or restricted to recreational use by rule or by DNRC, recreational use by individuals with a proper recreational use license is permitted...

Disabled Hunters possessing a permit to hunt from a vehicle issued by DFWP are authorized to drive on any road on state land, except a road closed by the department by sign or barrier.