Montana corner crossing law hb235

[HuntFarther]

Just because one judge seen something in a single specific case he didn't like and tossed it out does not change that. Remember those hunters still lost their bulls and their tags. .

Jeff[/QUOTE]


So Jeff is this the only case that you know or have heard of that montana fish and game went out on a limb to write tickets for?

It certainly is not to me. I have seen quite a few. Just only know of one and maybe two cases that someone has stood up to them and sued the state for what is theres.
Larry smith of whitehall a great guy, and a good friend of mine. He shot a bull maybe 10 years ago on late season hunt and his bull was taken. The bull was shot and ran towards the park, Died before it got into the park. The bull was 57" wide and fish and game talke so much about this bull before he shot it. They took the bull from him right there where he stood. He was fined for hunting in the park, having firearms in the park I believe. A whole bunch of stuff. He took fish and game to court and not only won but he was paid compensation for ruining the cape and alot more.

The other one is the John lewton case it is still going on and he has won everything so far and Is going to win the sheep head back.

 

[Broz]

So Jeff is this the only case that you know or have heard of that montana fish and game went out on a limb to write tickets for?
.

The game wardens I have talked to about this all agreed that corner jumping is illegal in Montana. I asked and understood that they had no problem issuing a ticket for it. But in the end it is the private land owner that has the right to prosecute for Trespass or hunting without permission. The ones that are willing to pursue the charges usually have the money to go the distance and have no problem spending it. It could get very costly for both sides pretty quickly.

The fore-mentioned case that was thrown out is the only one I know of that involved illegal corner jumping. It is hard to say why the judge tossed it out. But I would not stake a fine or my tag on it being tossed out. Plus if I am not mistaken, there was some recent legislature passed to increase the fine and also the second offense went to $500 and loss of hunting privileges for 3 years. I am not sure if it made it all the way through but I was thinking it might have. I was in favor of this. We have prosecuted the same guy 3 times in 2 years and twice he had mule deer bucks down one the ranch. One he shot from the road right out his window.

Jeff

 

[300stw]

all the laws in the world will not stop a law breaker, they dont need a license or worry about trespass laws,,,lets just take up more time and energy inacting new laws that for the most part wont do any good, especially when judges wont fine the maximums anyway,,,,

i have let every person that was kind enought to ask cross my property to land locked public, i have seen a couple that were trying to be smart enough to read the corners or find them on there own to cross at, I never said a word to them.

Guys that are willy nilly hunting or crossing werever they please are always escorted off the place,,,

 

[Wyodog]

. I personally think the best thing to do would be land exchanges to eliminate the checker boards. That way, there would be no perceived trespass on private land and the public would have rightful access to public land.

I know an landowner who tried to do a land exchange on his ranch that was in the middle of Wyoming checkerboard. The government wouldn't even talk about it without an environmental impact study payed for out of the landowners pocket. It would have cost him over a million bucks. He dropped it and the public suffered for it.

 

[cowboy]

I know an landowner who tried to do a land exchange on his ranch that was in the middle of Wyoming checkerboard. The government wouldn't even talk about it without an environmental impact study payed for out of the landowners pocket. It would have cost him over a million bucks. He dropped it and the public suffered for it.

Yep - I understand, been there. After the EIS then things get real interesting as it has to be put out for public review and comments, hold public meetings, then the lawyers get involved, then somebody protests for any reason they can dream up, lawyers drag it out, you may then have to go to court or arbitration etc. etc. etc. etc.

You want to be young, patient and have plenty of money you're willing to part with if you ever hope to get a resolution.

 

[bigngreen]

There are places where a guy could corner cross without touching private, every thirty miles there is an offset in the range lines which allow an over lap of two sections on a township line, I have one spot that is like this that BLM could punch a mile of road through and the public would gain access to half of an hunting district that is more or less shut down. Not saying corner crossing law change would be a good thing but there are place where a guy would not trespass at a corner.

 

[NONYA]

This law is going to come about,sooner or later we will get it on the ballot and the voters of MT will put an end to this BS.Its only a matter of time and I cant wait to take advantage of the PUBLIC ground that has been off limits for decades.gun)

 

[NONYA]

I agree. But there needs to be legal access obtained or granted. At this time, when we are all concerned about loosing our freedoms, do we feel it would be right to force private property owners to allow free access across private land to get there? It is not the property owners fault that the state or BLM acquired parcels of ground that was surrounded by private land on 4 sides. That's why I say a legal access point need to be surveyed and obtained for access. Also there needs to be corner markers put up where ever there are no fences. Proper proceedures need to be followed, not just a have at it mentality.

Jeff

There are corner pins,if you look hard enough you will find em.

 

[NONYA]

Any land owner that tells you he doesnt know where his corner markers are is full of IT.This will come about,eventually they will get it on the ballot and the voters of MT will do what is right (just like we did with elk farms and outfitter tags),if your a land owner that has enjoyed the only access to these PUBLIC lands for the last several decades you better get ready for a change.gun)

 

[cowboy]

Any land owner that tells you he doesnt know where his corner markers are is full of IT.This will come about,eventually they will get it on the ballot and the voters of MT will do what is right (just like we did with elk farms and outfitter tags),if your a land owner that has enjoyed the only access to these PUBLIC lands for the last several decades you better get ready for a change.gun)

The outfitter tags (I-161) passed by a high margin and I believe it passed mainly on emotion and lack of knowledge. It was an anti outfitter bill, plain and simple and most people thought they were sticking it to the outfitters. Take a look at what a NR pays for tags today versus what they did previously. Then tell me how that law, along with allowing NR refunds if they do not draw special areas, what kind of shape did that put our block management and FWP in financially today. I-161 was going to be the answer to outfitters not leasing up land because they were no longer guaranteed a number of licenses. I don't know one single outfitter that dropped a lease or one more acre of land that was opened up to John Q Public.

Do you realize there is a bill "sailing" through Helena right now that would make trespassing a "civil case" and an immediate $ 1500.00 penalty. No questions asked. So you better not be X feet off the corner or you will be hammered.

As far as the game farm bill - there were too few involved to fund the lawsuit needed against the State so it eventually went by the wayside. With agriculture being the #1 industry in this State you have thousands of land owners and they are not going to go away. You better get every democrat candidate from the larger cities elected if you hope this will happen.

With your attitude, you and I as sportsman have got chit for chance against the outfitters and landowners on this corner crossing.

I don't care if you go through the time, effort and money to get corner crossing on a ballot - and I believe it would pass because of the city vote, but you may win the battle but landowners will win the war. A vote of the people of Montana does not make something legal by the constitution - just ask all the medical grass growers in court right now that were legal by State law and are being prosecuted by the Feds.

Cooler heads need to come together on this issue otherwise all hell is going to break loose.

 

[NONYA]

Whatever it is that you are smoking you should lay off it for a while.

 

[REDHEAD]

I feel there are greater injustices being done that most people don't realize. The out right stealing / pirating of public lands and "right of ways" . I have seen many instantance where adjacent land owners will fence accross right-of-ways and/or 6 mile section right-of-ways and hang a "No Treaspass " sign on it . I have seen a great deal of this in North Dakota and Montana. Many instantances in Montana , roads on maps either don't exist or fenced off. The adjacent landowners are not beyond intimadating you with thier " Your NOT going down MY public road back to MY public lands. These lands are outright stolen from the American public. Get a good pulblic county land map anywhere and go 4-wheeling . We should wake up and fight back.