Montana voter initiative for corner crossing.
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Gerald Martin
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Cross at a corner marked with a pin. Document your crossing with a gps track. Be willing to fight it through in court if you are charged for trespass and you could be a hero. Or a martyr. Good luck.Well then, I know which camp I’ll fall under this fall
Personally, it’s an area I let circumstances help make my decision of whether to or which corner pin I step across.
I haven’t seen where in MT the courts have definitely proven it’s trespass so, I have in the past and will probably step across corners again in the future. I probably won’t do it in certain areas, not because I think it’s wrong, but because I don’t really want to be the test case.
RobG
Well-known member
there was a case a a year or two years ago in the Livingston area about corner crossing. It wasnt prosecuted because a prior ruling by Livingston judge swandell said that it wasn’t illegal. Perhaps someone has more details.
Big Fin once said it was civil trespassing for sure, but with $0 damages.
Whatever it is, you still have to pay for a lawyer to get it thrown out.
Big Fin once said it was civil trespassing for sure, but with $0 damages.
Whatever it is, you still have to pay for a lawyer to get it thrown out.
RobG
Well-known member
By the way, just because some judge in a piddly court didn’t prosecute doesn’t mean much in the way of precedent.
MTLabrador
Well-known member
This might be the case Rob is referring to. One instance wasn’t prosecuted, one successfully was because of an 80 foot gap between the corners.
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Irishman
Well-known member
Of course the problem isn't that landowners are worried about you stepping on their foot or 10 feet of land, it's that they just don't want you stepping in the public land that they treat as their own.
Gerald Martin
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Crossing at a pin= accessing my public land legally.
Walking across 80’ of private land where corners don’t touch.= Trespassing
Walking across 80’ of private land where corners don’t touch.= Trespassing
MTLabrador
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Gerald Martin
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Yep. I would find him guilty of trespassing if I were judge or jury in that case.
Big difference between accessing public land in a manner that hasn’t been clearly defined as illegal vs. outright trespass, IMO.
Big difference between accessing public land in a manner that hasn’t been clearly defined as illegal vs. outright trespass, IMO.
Gerald Martin
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Of course the guy was a shed hunter so that says something.....
RobG
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Meaning even if he could have corner hopped his shed-hunting knuckles would have dragged across private property. ;D but his argument appears to be that he had established a prescriptive easement for himself.Of course the guy was a shed hunter so that says something.....
MTLabrador - yes, that was the case and article I was referring to. Swandell was the county attorney, not a judge like a said.
lastlight
Well-known member
What if you were to run a zip line from public ponderosa to public ponderosa? I think I just thought of a new “industry” scheme. I see a how to vid coming soon..
RobG
Well-known member
How are you going to get to the other side to attach the other end of the zip line?
When the legislature was trying make corner crossing trespassing our wonderful Jennifer Fielder said she was worried about people using jet packs.
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Gerald Martin
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elkduds
Well-known member
Too bad property lines extend 100' above the ground.
I see the problem here, fully support your idea for a solution and for $100/hr am prepared to help fix it.
Call your legislators.
I may have surveying abilities but I am a student of MOGA first and foremost.
Schaaf
Well-known member
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teamhoyt
Well-known member
There's no state law against corner hopping, which means it can't be charged criminally. However it can be charged civilly and the burden of proof falls on the accusing landowner and you could be charged damages. Not sure what the going rate is for damage to the air? If you crossed public to public and the adjoining private was owned by different landowners I don't see how you could be charged civilly as who knows who's air you really went over.
As for keeping surveyors busy, there's 1000s of miles of rivers in this state that need redone and meander lines updated.
For the record I'm neither a surveyor or a lawyer so...don't believe everything you see on the internet without doing your own research
As for keeping surveyors busy, there's 1000s of miles of rivers in this state that need redone and meander lines updated.
For the record I'm neither a surveyor or a lawyer so...don't believe everything you see on the internet without doing your own research
