MT EQC to determine corner crossing as "illegal"

[Big Fin]

I had heard this was coming, but the release of the agenda this morning confirms such.

Lt. Governor has taken it upon herself to determine that corner crossing is "illegal." She is doing this, absent any case or other legal finding beyond "because we/I said so."

This is the effort in Montana to plant the stake in the ground. Why the Lt. Gov has decided to do this is hard to understand. Yeah, she is an attorney. Yet, no attorney I know, many who are experienced in property law, agrees that there is any statutory or other law to support this claim. There is an old AG opinion indicating such, but most agree that was a politically pressured twisting of law.

Why the Lt. Gov wants to do this now, and why EQC Chairman Fielder is allowing only her to give testimony, seem peculiar. You cannot create law via administrative rule, such as EQC has the power to do.

Here is the agenda. May 13th - https://committees.legmt.gov/#/nonStandingCommittees/5?tab=Meeting+Materials

Here is a screenshot from that agenda:




I would suggest all of you to reach out and comment here (the Gov and Lt. Gov have the same contact portal) - https://governor.mt.gov/contact/

If law is going to be made on this topic, I want the courts to make that determination, not a politician who is likely seeking election after the current Gov's lame duck administration expires.

 

[Nameless Range]

The EQC is an advisory committee and doesn't make law, correct? They could propose a bill, but it would still have to be sponsored and make it through the legislature?

Curious about the chances of such a bill's success.

 

[Big Fin]

The EQC is an advisory committee and doesn't make law, correct? They could propose a bill, but it would still have to be sponsored and make it through the legislature?

Curious about the chances of such a bill's success.

True. But, they want to make it as the stake in the ground FWP can use to take the position that corner crossing is illegal.

FWP has been shown the presentation by Juras. There is a reason nobody else is allowed to present at this event. The skids are greased.

Curious that they don't want the courts to solve this issue. Most everyone I know just wants clarification, by judges, not by elected politicians.

 

[seeth07]

In order to comment, I would like to know where you found that the Lt. Gov is going to testify it as illegal. Can that be posted up please? Did she testify previously on this premise?

 

[Big Fin]

In order to comment, I would like to know where you found that the Lt. Gov is going to testify it as illegal. Can that be posted up please? Did she testify previously on this premise?

I have it from people who would know about her presentation. She has been going around to "friendlies" and giving this presentation. There is nothing to "post up."

I'm confident in what I've been told.

I would add, there is a reason that FWP has come out with their stated position prior to last hunting season. It is coming from the Governor's office.

 

[Gerald Martin]

 

[Gerald Martin]

I wish I was able to make her presentation in person. I would love to know if she can point to any cases of successful prosecution for trespass where the facts of record are undisputed that corner crossing was how an individual accessed checkerboard property?

Looks like there’s an opportunity for public comment at the end of the presentation.

 

[SAJ-99]

Most everyone I know just wants clarification, by judges, not by elected politicians.

A little unusual. I would think "Legislating from the bench" would be viewed negatively, particularly in MT. I wonder if they made a law would it make challenging in Federal court that much easier because someone could use the UIA? However, at the same time I am anxious with anticipation on how they write the law that makes stepping over a corner illegal. The Montana legislature has never let me down with their creativity.

 

[HappyCamper]

Comment submitted. Thank you for sharing! Unfortunately I have no confidence the governors office cares. The MT Republicans have been way to brazen towards public land issues as of late. It’s going to bite them.

 

[Big Fin]

A little unusual. I would think "Legislating from the bench" would be viewed negatively, particularly in MT. I wonder if they made a law would it make challenging in Federal court that much easier because someone could use the UIA? However, at the same time I am anxious with anticipation on how they write the law that makes stepping over a corner illegal. The Montana legislature has never let me down with their creativity.

Not unusual. A court ruling is not “Legislating from the bench.” That is the court doing what courts are supposed to do - interpret the laws and clarify where questions exist.