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Montana corner crossing law hb235
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<blockquote data-quote="Broz" data-source="post: 769467" data-attributes="member: 7503"><p>That editorial was written Feb 4th. That was before the last Vote where HB235 was shot down and it didn't change a thing.</p><p> </p><p>The last line of the 5th amendment of<strong> our</strong> constitution reads.</p><p> </p><p><strong><span style="font-size: 12px">"nor shall private property be taken for public use, without just compensation"</span></strong></p><p> </p><p><span style="font-size: 10px">If the public is walking on private land, and they will be, it is trespass. I heard the speech of the supporting representative of the bill HB235. She stated in no uncertain terms that what she wanted was to "Decriminalize the Act" of the trespass at the corners. In simple words to make trespass on private land legal.</span></p><p> </p><p><span style="font-size: 10px">Plus please don't forget the fact that a large percentage of these corners are not marked. A good GPS will only get you close ( 10' to 20') so the amount of trespass will larger than if they were surveyed. It needs to be surveyed. Then there is the problem of getting game out. How will that be done? By again "jumping in air space" at the exact corner points that are not marked with an elk on your back? The private property owner has every right to prosecute and the majority of them are so upset with what has been tried here, I am betting they will. It was shot down twice in the last few weeks for a reason. First in the committee and then by the legislators when the sponsor tried to blast it out of committee.</span></p><p> </p><p><span style="font-size: 10px">This is no different than if you owned a lot in town and someone told you you had to let the public cross the corner of your private property to get to a park or something. If they are walking on your private land it is indeed a "take"</span></p><p> </p><p><span style="font-size: 10px">There are better bills in progress now. HB404 has made it through one vote and is going forward. Driving wedges between private land owners and sportsmen and women is never good. That is what HB235 was doing. If the private property owners start taking land from the Block Management programs like they did with the brain storm HB161 more public access property will be lost and even more of the landlocked public lands will be unaccessible. There are many areas of public land that is accessed through Block Management land. HB404 will increase this and all will be happy. HB235 is wrong and only sets things up for trouble and law suits.</span></p><p> </p><p><span style="font-size: 10px">Jeff</span></p></blockquote><p></p>
[QUOTE="Broz, post: 769467, member: 7503"] That editorial was written Feb 4th. That was before the last Vote where HB235 was shot down and it didn't change a thing. The last line of the 5th amendment of[B] our[/B] constitution reads. [B][SIZE=3]"nor shall private property be taken for public use, without just compensation"[/SIZE][/B] [SIZE=2]If the public is walking on private land, and they will be, it is trespass. I heard the speech of the supporting representative of the bill HB235. She stated in no uncertain terms that what she wanted was to "Decriminalize the Act" of the trespass at the corners. In simple words to make trespass on private land legal.[/SIZE] [SIZE=2]Plus please don't forget the fact that a large percentage of these corners are not marked. A good GPS will only get you close ( 10' to 20') so the amount of trespass will larger than if they were surveyed. It needs to be surveyed. Then there is the problem of getting game out. How will that be done? By again "jumping in air space" at the exact corner points that are not marked with an elk on your back? The private property owner has every right to prosecute and the majority of them are so upset with what has been tried here, I am betting they will. It was shot down twice in the last few weeks for a reason. First in the committee and then by the legislators when the sponsor tried to blast it out of committee.[/SIZE] [SIZE=2]This is no different than if you owned a lot in town and someone told you you had to let the public cross the corner of your private property to get to a park or something. If they are walking on your private land it is indeed a "take"[/SIZE] [SIZE=2]There are better bills in progress now. HB404 has made it through one vote and is going forward. Driving wedges between private land owners and sportsmen and women is never good. That is what HB235 was doing. If the private property owners start taking land from the Block Management programs like they did with the brain storm HB161 more public access property will be lost and even more of the landlocked public lands will be unaccessible. There are many areas of public land that is accessed through Block Management land. HB404 will increase this and all will be happy. HB235 is wrong and only sets things up for trouble and law suits.[/SIZE] [SIZE=2]Jeff[/SIZE] [/QUOTE]
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