MT EQC to determine corner crossing as "illegal"

[Hunting Wife]

I still don’t understand the “taking” aspect here. There are 4 corners. Half of those corners are public and thus they, and the associated airspace, belong to me. If I, as a public landowner, have equal ownership of that corner, seems like the other guy has a burden to prove that he isn’t taking my rights as well by obstructing crossing.

What am I missing?

 

[Rack Daniels]

I still don’t understand the “taking” aspect here. There are 4 corners. Half of those corners are public and thus they, and the associated airspace, belong to me. If I, as a public landowner, have equal ownership of that corner, seems like the other guy has a burden to prove that he isn’t taking my rights as well by obstructing crossing.

What am I missing?

I suppose, in the way of a “yours and mine” 4 corners are “theirs” and only two are “yours”…?

 

[rogerthat]

It’s pretty simple, in Montana, ranchers, farmers, and bigger landowners are the chosen ones, anointed by god. No one else does anything or is as important. I grew up in that atmosphere as a rural MT ranch kid. Once you realize this everything else falls in place as far as understanding all this BS

 

[Eric Albus]

Got a response from my note. Seems he comes right out and continues to lie. It has alwasy been a grey area and never been illegal.

--------------------
Thank you for reaching out to me about corner crossing. I appreciate hearing from you and value your input.

Our Montana way of life is second to none, and our rich outdoor heritage makes Montana a great place to live and raise a family. As governor, I’ve worked to protect our public lands and increase public access to more than 250,000 acres since taking office in 2021. While we cherish public access, a recent court ruling in Wyoming has caused confusion and led some to believe that so-called “corner crossing” is legal in Montana.

Despite these claims, corner crossing is not legal in Montana and remains a trespass. As such, Montanans who seek to corner cross must get permission from landowners to cross privately-owned land. This policy is not new. For years, Montana Fish, Wildlife and Parks has stated that corner crossing remains illegal in Montana, under both Republican and Democrat administrations.

Thank you again for reaching out. Hearing from you and other Montanans helps me better serve you and better understand your perspective. I will continue to rely on your views as I lead Montana, which is my great honor. Please do not hesitate to reach out to me for anything. My door is always open.

Sincerely,

Greg Gianforte
Governor

It takes a lot of most to step onto a public platform and make a statement about this issue. Especially when you know 90% of the folks on here are rabid about hunting/access.
Hats off for making a statement Governor!

 

[Eric Albus]

We honestly need a SCOTUS ruling.

 

[DFS]

We honestly need a SCOTUS ruling.

I wish the hornets nest hadn’t gotten stirred. FWP and the Governors office made a mistake, things were good as they were.

 

[rogerthat]

We honestly need a SCOTUS ruling.

Why? What would that solve? Definitive decision? Just like roe v wade was prior to this Supreme Court right? The reality is, and despite the Montana state officials gaslighting us(which have no influence on federal law) that a very solid legal argument was tested on a true corner cross by the 10th circuit(a typically more conservative court than the 9th) and it definitively was found valid. So anyone looking for more in my opinion didn’t like the decision. The Supreme Court had a chance to weigh in and didn’t.

The Montana officials with their air space opinions are just doubling down on a failed argument, really a dumb move. Reading this forum, I believe people need to brush up on the facts of the decision, the Unlawful Inclosures Act, and quit getting bluffed. That’s what they are trying to do. This fall if the right scenario falls into place I will be confidently corner crossing and willing to vigorously defend myself as needed(which won’t be needed). Christy, Kristen, Greg, and the gang can shove their opinions wherever the sun doth not shine.

 

[DFS]

The political pendulum will swing and the majority of Montanans support access to public land and respect private land. It’s a bad look for many of the groups that are celebrating an opinion. I can see both sides of it but people that live in town have people cross on their yards all the time. That is the majority of people. Better wildlife management would certainly ease the tension.

 

[Forkyfinder]

We honestly need a SCOTUS ruling.

Alternatively - sort it out in the legislature. Itd be great if the folks who were against public land/access did it with some conviction. Not backroom "policy updates" or fiat law. Then the public could really see who they are voting for.

Too bad though the anti-corner crossing people dont have the will to stand behind such a hilariously bad positon for their constituents.

 

[rogerthat]

Alternatively - sort it out in the legislature. Itd be great if the folks who were against public land/access did it with some conviction. Not backroom "policy updates" or fiat law. Then the public could really see who they are voting for.

Too bad though the anti-corner crossing people dont have the will to stand behind such a hilariously bad positon for their constituents.

This thread has had a lot of discussion about the state legislature but the 10th circuit ruling was based on federal pre-emption and why the ruling isn’t vulnerable to a change in Wyoming state law or in my opinion Montana state law

 

[Southern Elk]

We honestly need a SCOTUS ruling.

By not hearing the appeal from the lower court in the Wyoming case, they essentially have said that they agree with the ruling. What we need are politicians who obey court rulings instead of doing whatever their rich donors tell them to do.