Thinking of elk hunting in Montana?

[El Jason]

I think the place in question had a marked trail through it. It is my understanding that you can't hunt MT private land even if it isn't posted, but you can otherwise walk through it (unless it is posted). Does this mean you could walk through the land with your rifle if you stay on the trail and aren't "hunting" (however that is defined?)

Was the OP on this trail when this happened?

Rob,

Not true, hiking in for access is considered hunting and therefore one would have to have permission from the landowner to cross the private land, marked or unmarked.

Some trails are a legal access trail. Some are NOT! Don't ever count on a road or trail being a public access unless it is marked. If it's not marked, check with the county or local administering agency office.

 

[RobG]

Rob,

Not true, hiking in for access is considered hunting and therefore one would have to have permission from the landowner to cross the private land, marked or unmarked.

Some trails are a legal access trail. Some are NOT! Don't ever count on a road or trail being a public access unless it is marked. If it's not marked, check with the county or local administering agency office.

I expect that you are correct, but my logic was that if you are traveling on a public road you can pass through private land so I wonder why the same would not be true with a public trail maintained by the forest service.

 

[El Jason]

I expect that you are correct, but my logic was that if you are traveling on a public road you can pass through private land so I wonder why the same would not be true with a public trail maintained by the forest service.

As long as the trail is considered a legal access, via easement, LO permission, etc, then you are fine. There are many Forest Service trails that cross private land, that by some sort of mutual agreement allows the public to cross. In this case you're legal.

 

[Topgun 30-06]

Normally any county or state maintained road means the entire length of it has full access to the public land it goes through. That isn't the case with BLM or USFS roads if they go through any private land. If they do and legal access has been granted to the public to travel on that road through the private property the BLM map will have an overlay of brown coloration on the red line designating the road itself. If it doesn't have the brown overlay on that private property, the chances are good there is no easement and you better get permission from the landowner before using it.

 

[ridgeghost]

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[ridgeghost]

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[ridgeghost]

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[ridgeghost]

If your thinking of hunting in Montana do your homework! And even when you do you might have not done enough. When hunting in the Crazy Mountains there is alot of area that is deceiving. big elk there though, hunt the ibex area.

 

[GKimPrice]

although from Oregon I have a whole bunch of cop and warden friends, all sorts of personalities and attitudes as well - Here is the bottom line with a Game Warden, they are expected to follow the law by the word with very little latitude in the way of personal opinion, and even if they do exercise some "better" judgement and it gets back to the boss that it was contrary to the written word, their azz in in a jam and it IS their livelihood after all - "IF" it is a big enough ticket appear in court and put the onus on the judge (while being always respectful of the fact that you are in that judge's "house") and if the ticket isn't all that big or it is not possible to appear then write a letter, get an articulate friend to write it if you are not comfortable, most judges do read letters of explanation or listen to the story if in person, there are exceptions of course but that happens everywhere - no threats about not ever returning to that state and spending "your" money or any of that stuff, just an honest, respectful, heartfelt "your version" and place yourself on the mercy of the court - just my $0.02