MT EQC to determine corner crossing as "illegal"

[corndog1]

If your dog jumps a corner, are you liable?

Yes

 

[rogerthat]

If your dog jumps a corner, are you liable?

Yes same as when he craps in my yard while your walking him. But you have to get caught and so far I just wake up to yard land mines every morning.

 

[Eric Albus]

Yes same as when he craps in my yard while your walking him. But you have to get caught and so far I just wake up to yard land mines every morning.

You could follow the dog home and return the favor.

 

[Eric Albus]

I concur with Randy. This needs to be determined by the courts. Ultimately I’d like to see a SCOTUS ruling.
I’m all for the public accessing public land, but only if legal. No grey areas.

 

[SAJ-99]

I concur with Randy. This needs to be determined by the courts. Ultimately I’d like to see a SCOTUS ruling.
I’m all for the public accessing public land, but only if legal. No grey areas.

Isn't the Legislature the group that is supposed to write the laws?

 

[Forkyfinder]

Isn't the Legislature the group that is supposed to write the laws?

At the very least - nothing to stop them from passing it and establishing legality.

Awesome to know eric would be for legislation like that.

 

[JEL]

They could just as easily and more likely pass legislation saying it is illegal.

 

[Forkyfinder]

They could just as easily and more likely pass legislation saying it is illegal.

Id love that.

 

[Wildabeest]

Id love that.

Refer to the MT M/S/G thread for the odds of that happening.

 

[Forkyfinder]

Refer to the MT M/S/G thread for the odds of that happening.

Its far more likely theyd pass a law making it illegal than legalizing it.

If theres a law on the books no one has to get charged for someone to take it to court.

 

[Nameless Range]

Is corner crossing the type of thing that could be “made more legal” via citizens initiative?

If so, that’d pass easy, but I don’t know if CIs really proclaim something legal - but moreso do the opposite.

 

[Steve O]

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:

View attachment 407708


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.

The dirt bag billionaire landowner who lost probably has made some great under the table financial promises to her…

 

[Wildabeest]

Its far more likely theyd pass a law making it illegal than legalizing it.

If theres a law on the books no one has to get charged for someone to take it to court.

Taco Tuesday in Helena. No way anyone who benefits from no corner crossing wants this to end up in the courts. It’s all bluster and intimidation. They won’t make the same mistake WY did.

 

[Forkyfinder]

Is corner crossing the type of thing that could be “made more legal” via citizens initiative?

If so, that’d pass easy, but I don’t know if CIs really proclaim something legal - but moreso do the opposite.

Sort of - but wouldnt a parallel be something like "lane filtering" by motor cycles?

That wasnt expressly illegal but it was legalized....?

Im not sure either way - but i am sure that the chief director of law enforcement for fwp is declaring what is and isnt law independent of whats legislated and im not a fan.