Montana hunters need help getting corner crossing law changed

[bobcat]

Lots of access to public land is at stake here. The Montana legislature just voted down a proposed change to the law that would have allowed "corner crossing."

If corner crossing were legal, it would enable hunters to cross from one section of public land into another, one in which there is no other legal access.

There is a lot of "checkerboard" public land in Montana, and this would be a great thing for public land hunters. Of course it is opposed by the landowners who have exclusive access to all this public land.

Not too surprisingly, all the Republicans voted against this change, and Democrats voted for it.

Read more about it here:  http://onyourownadventures.com/hunttalk/showthread.php?t=253801

They are asking for hunters, especially non residents, to write to the Montana politicians and support this bill.

(They have other ways of trying to push it through now that it got voted down by the legislature)

[mfswallace]

Done!! 

[bobcat]

 

[deerslyr]

Also, if you guys could write some emails regarding new legislation for bison and elk. This is out of control.
http://onyourownadventures.com/hunttalk/showthread.php?t=253781

[huntnphool]

I don't see how this will do hunters any good, there are very few places where corner crossing occurs.

[bobcat]

I don't see how this will do hunters any good, there are very few places where corner crossing occurs.

Are you serious? It may not occur very often, but that is because it is considered trespassing, even though you never set foot on private property.

[bigtex]

I don't see how this will do hunters any good, there are very few places where corner crossing occurs.

Are you serious? It may not occur very often, but that is because it is considered trespassing, even though you never set foot on private property.

 
Quite a bit of it in eastern WA

[huntnphool]

I don't see how this will do hunters any good, there are very few places where corner crossing occurs.

Are you serious? It may not occur very often, but that is because it is considered trespassing, even though you never set foot on private property.

Im talking about how few places there are where the corners of public land actually come into play here. There are blocks throughout Montana, Wyoming and Idaho but few of them allow the general public access, and even fewer have access to one block with the corner adjoining another block.

[bobcat]

Bigtex, do you know if corner crossing is considered trespassing in Washington?

[bigtex]

Bigtex, do you know if corner crossing is considered trespassing in Washington?

It is

[huntnphool]

I don't see how this will do hunters any good, there are very few places where corner crossing occurs.

Are you serious? It may not occur very often, but that is because it is considered trespassing, even though you never set foot on private property.

 
Quite a bit of it in eastern WA

sure there are, but unless a road goes through it the land owners do not have to give easement to it. HB235 does not give easement across private land to these small sections, it is for blocks of public land joining at the corners, you must still have accessed one of the blocks by road.

[bobcat]

Im talking about how few places there are where the corners of public land actually come into play here.

Huntnphool,  tell that to Randy Newberg.

[fair-chase]

Bigtex, do you know if corner crossing is considered trespassing in Washington?

It is

Could you expand on that? How is it tresspassing if you never set foot on private property? Sure, your leg might swing over it, but never comes in contact with it. If landowners now controll the air above their property, is all air travel going to now be considered tresspassing? Not much difference if you ask me.

[huntnphool]

Bigtex, do you know if corner crossing is considered trespassing in Washington?

It is

Could you expand on that? How is it tresspassing if you never set foot on private property? Sure, your leg might swing over it, but never comes in contact with it. If landowners now controll the air above their property, is all air travel going to now be considered tresspassing? Not much difference if you ask me.

In 1925, the Montana Supreme Court determined a Mr. Sutherland firing a shotgun over Mr. Herrin’s land represented a trespass simply by the shot traveling through the airspace above Herrin’s property.

 In 1946, the US Supreme Court in US v Causby, held property rights extend above the surface with Justice Douglas writing “If the landowner is to have the full enjoyment of the land, he must have the exclusive control of the immediate reaches of the enveloping atmosphere. Otherwise, buildings could not be erected, trees could not be planted, and even fences could not be run.” Invasions of the airspace “are in the same category as invasions of the surface."

Since supreme courts have held property rights extend an unspecific distance into the airspace, passing HB235 would be an unconstitutional taking, violating the Fifth Amendment

[bobcat]

There are lots of checkerboard public land in all the western states. Often one section will have legal access to it (public road) but an adjoining section will not. These two sections are joined at their corners. A person should be able to step from one section to the other without stepping on private property, but of course the private landowners don't like this. They'd rather keep the public off OUR public property so they can have exclusive use of it.

The people of Montana are trying to change the law so that they can access their public land.