Trespassing law in the 2007 Regs.[MT]

[D4570]

MONTANA TRESPASS LAW
PAGE 8; 2007 MT FISHING REGS.

" Montana's trespass law states that a member of the public has the privilege to enter private land only;
..With the explicit permission of the landowner or there agent.
..When the landowner has failed to post a no-trespassing notice or mark legal access with 50 sq inches of orange."
Is this what I think it is?? The land owner needs to "POST" his land again?? We can just walk out on his land and get to a stream and fish??
We no longer need a public access??
Or need to stay in the High water mark??
As long as the land isn't physically posted??

We will see.

 

[Washington Hunter]

I believe I've seen a few other states with trespass laws written up basically the same way (Idaho I think?) and I've wondered the same thing. It's strange how in one place they tell you that as a hunter it is your responsibilty to know if you're on private land or not, and in another place they put the responsibility with the landowner, in posting their land so it's obvious that it is in fact private.

 

[wyomingtim]

Utah has it that the land has to be posted every 100 feet, OR it has to be land that is being cultivated. Pretty much sucks if you ask me.

I know I try and stretch that where I can argue something in the alternative.

 

[Washington Hunter]

I just looked up Idaho's regs...it's basically the same as you stated for Utah, except it only has to be posted every 660 feet.

In your opinion, what "sucks" about it?

 

[Hntnhrd]

I have now problem with private landowners not wanting people all over their property. They bought it they pay the taxes there progitive. But it would be nice if they would mark it so the average Joe would know where the boundries are. When you come up on the back side of a ranch from public land it would be nice to know that the fence you are at is a boundry line and not a grazing drift fence.

 

[IDHunters]

Well in Idaho if it is cultivated or irrigated pasture it does NOT have to be posted as private. It is assumed so. As mentioned, non-cultivated or native pastures need to be posted every 660 feet. If not posted, they can still run you off, they just can't press trespassing charges.

Its a decent rule, if your ranchlands look just like the surrounding public lands it needs to be posted, and not just at the access points, which helps if you are off the road.

 

[1_pointer]

I personally think it's a pretty fair law. If the landowner doesn't want you on his property all he needs is a bit of time and a couple cans of orange spray paint. I do find it funny though how many people ignore if this simple law.

Case in point, this past Saturday I noticed some rocks were moved across a two track and painted orange. The rocks weren't there the previous three weekends I drove by. Checking my map, sure enough it was the entrance to private property. This area is apparently a pretty popular place to park you ATV trailer and to target shoot. Then on my way home Sunday, I noticed two trucks parked right in front of the rocks with the two guys and their 5 kids on the private land side of the barrier shooting cans with their .22s. I guess I find it hard to think that they couldn't have stopped anywhere else on the surrounding 100,000 acres of public ground to have their fun. It's no wonder many landowners shut their place down. I am assuming those parked their were not the landowners; they have a big ranch and are calving.

 

[ELKCHSR]

I've had this problem, especially when going cross country for miles, the maps show it's public, the regs show the area public but land trades happen all the time and it's pretty tough unless your in the loop to keep up on where these are at

Case in point, I was on the North side of I-90 and had walked good day into this area that looked like a good hot spot on the maps

I was following a set of large tracks right up to a water hole when out of no where a voice speaks from above…

"WHAT THE HELL ARE YOU DOING"

I though it was God until I noticed an individual camo’d up in a tree stand, he jumped my shit and told me I should have known better

The only thing I hadn't done is to go to the county and look to see if this piece of property had changed hands from public to private...

All a guy can do in this case is to shrug their shoulders at the irate land owner and walk off

I think a little markings or signage of some sort on the fences would have worked, I would have respected their property rights