For the sake of an argument, let's say the state moved to some sort of market based approach to non-resident licenses.
Absentee landowners should have the same private property rights as do resident landowners. So,, if resident landowners get any favors from the state, so should absentee landowners. Anything else is clearly denying a property right to a subset of property owners. My proposed solution is owning property does not guarantee anything regarding hunting licenses.
If non residents hunters decide to approach landowners to lease hunting rights, that is clearly within both the landowner and the non resident hunters rights. With the newly passed law, it clearly favors one group of leasers over the other. Why should a landowner, who for their reasons, prefers leasing their land to non resident hunt clubs, be placed in a lesser position to a landowner leasing to an outfitter? That seems discriminatory to me.
Until today I had not thought much about the prospect of pricing non resident licenses in a manner proposed in post #2901. It has some merit, but also some problems. I struggle with some one simply buying their way to the front of the line. I have to think about that one.
But clearly the new law is the antithesis of a market based approach. It has the state picking winners and losers. The winners are outfitters, landowners who lease to outfitters, and well heeled non resident hunters who chose to use outfitters. Losers are every other non resident hunter and landowners who prefer to lease to a group of individuals instead of an outfitter. Losers include motel owners, cafe owners etc who will lose a percentage of their business. Losers include resident hunters who have friends and family from out of state that would like to hunt in Montana with their resident friend/family member.
The outfitter set aside is a system one could expect in a corrupt state, where the politically well connected get special treatment at the expense of everyone else.
I am reasonably confident this new law will not stand for long.