Montana BLM Determines Fence Built Around Landlocked Public Land is Legal

[bigtex]

BLM: Durfee Hills fence built by Wilks brothers is OK

Rumors that a new fence built by the Wilks brothers around Bureau of Land Management acreage in the Durfee Hills encroached on federal property have been stifled after an agency investigation.
In a BLM press release, the agency said its staff was granted permission last week by the owners of the surrounding N Bar Ranch in Fergus County to investigate the encroachment reports. After BLM staff conducted a flyover and ground visits using a survey-grade GPS, no encroachment was found.

BLM staff found that in some instances when a personal-use recreational GPS was compared to the more accurate survey-grade GPS, the recreational GPS errantly showed some areas to be on BLM-managed land.

The Wilks brothers, who purchased the N Bar Ranch in 2011, had proposed a land exchange earlier this year with the BLM that would have given the brothers the landlocked Durfee Hills in exchange for other tracts they owned. The BLM denied the request after local hunters decried the offer and petitioned the agency to reject the exchange.

Since then, the Wilks brothers have offered another exchange proposal, but the BLM said that pursuing any such measure is too expensive and requires too much manpower, and rejected it without consideration.

The only way for public hunters to access the Durfee Hills is by airplane or helicopter, which limits public access. Since the area was featured in a television hunting show a couple years ago, it has drawn more attention and use. This archery season, unsubstantiated reports from hunters accused the Wilkses of building a fence that blocked elk from entering the public land, patrolling the boundary on ATVs to scare elk away from the property as well as allowing hand-picked hunters access to the federal property where they parked RVs on the BLM roads used by pilots to land, escalating tensions between public hunters and the landowners.

Fly-in hunters use the Durfee Hills to hunt one of the state’s largest elk herds, which Montana Fish, Wildlife and Parks considers over its population management objectives for the hunting district. During the BLM investigation, aircraft landing and take-off tracks were found off-road on BLM-managed lands in the area, caused by fly-in hunters not affiliated with the landowners.

“No permanent damage was caused, but the BLM is stepping up our efforts to educate pilots and others on our travel management policies, which require motorized vehicles to stay on existing roads and trails with few exceptions,” explained Geoff Beyersdorf, field manager of the BLM Lewistown Field Office.

With increased visitation expected during hunting season, BLM law enforcement rangers have increased patrols in the area.

For more information, contact Beyersdorf at 406-538-1918.

Read more: http://billingsgazette.com/lifestyles/recreation/blm-durfee-hills-fence-built-by-wilks-brothers-is-ok/article_2f1e5ea8-06e3-50ae-a350-deeabfb42cd4.html#ixzz3ExRmWEQh

[idahohuntr]

The Wilks boys are just being cry babies since the public told them to stuff it when they tried to steal Durfee Hills.

[JimmyHoffa]

I thought BLM was concerned with minerals and grazing, so if a land exchanged was offered up wouldn't the consideration be based on those equivalences? 

[bigtex]

I thought BLM was concerned with minerals and grazing, so if a land exchanged was offered up wouldn't the consideration be based on those equivalences?

BLM is concerned with everything, they don't just care about minerals and grazing.

[deerslyr]

Oh the wilks bros... Wish I could of seen their faces when our trail crew built a trail around where they tried blocking access in the swimming woman area of the N Bar..

[Special T]

So right or wrong an exchange deal cannot be made.... Then these guys are badguys for putting a fenc on thier property line?    Now i know we all understand what is going onhere, they are limiting access to public land it sucks but its thier land. How is putting up a fence a bad thing? If anything it should reduce conflict of those who actually get on the BLM land....

[Dhoey07]

I could only imagine the tresspass fee they could charge for access to the public land

[zike]

Since there is BLM roads in the area, I would think they cross N Bar ranch and there was access in the past. Would there be a case of easement by adverse possession. Then again the BLM could inform the ranchers, there is no hunting, treaspassing or cattle grazing on those lands. Two can play games. Durfee Hills is a sanctuary.

[pianoman9701]

Sounds all too familiar with like lands in our state. It's ridiculous that we don't have rights to access public land through private parcels by right of way/easement. A few rich hunters objected to a land trade to secure what is essentially publicly-funded private hunts. To all of those who can't afford to fly in, screw you, right? 

[idahohuntr]

Then again the BLM could inform the ranchers, there is no hunting, treaspassing or cattle grazing on those lands. Two can play games. Durfee Hills is a sanctuary.

 

Sounds all too familiar with like lands in our state. It's ridiculous that we don't have rights to access public land through private parcels by right of way/easement. A few rich hunters objected to a land trade to secure what is essentially publicly-funded private hunts. To all of those who can't afford to fly in, screw you, right? 

Amen!

I'm all for property rights...but property rights aren't a one way street.  All owners, public and private, should have equal rights to access their land.

[Dhoey07]

Then again the BLM could inform the ranchers, there is no hunting, treaspassing or cattle grazing on those lands. Two can play games. Durfee Hills is a sanctuary.

 

Sounds all too familiar with like lands in our state. It's ridiculous that we don't have rights to access public land through private parcels by right of way/easement. A few rich hunters objected to a land trade to secure what is essentially publicly-funded private hunts. To all of those who can't afford to fly in, screw you, right? 

Amen!

I'm all for property rights...but property rights aren't a one way street.  All owners, public and private, should have equal rights to access their land.

You do have a right to access the land

[pianoman9701]

Then again the BLM could inform the ranchers, there is no hunting, treaspassing or cattle grazing on those lands. Two can play games. Durfee Hills is a sanctuary.

 

Sounds all too familiar with like lands in our state. It's ridiculous that we don't have rights to access public land through private parcels by right of way/easement. A few rich hunters objected to a land trade to secure what is essentially publicly-funded private hunts. To all of those who can't afford to fly in, screw you, right? 

Amen!

I'm all for property rights...but property rights aren't a one way street.  All owners, public and private, should have equal rights to access their land.

You do have a right to access the land

Exactly, and if the land is made inaccessible to those without the means to do so, then their rights are being violated. Thank you for pointing that out!  Access to public lands should never be available only to the highest bidder. It should be available to all.

[idahohuntr]

Then again the BLM could inform the ranchers, there is no hunting, treaspassing or cattle grazing on those lands. Two can play games. Durfee Hills is a sanctuary.

 

Sounds all too familiar with like lands in our state. It's ridiculous that we don't have rights to access public land through private parcels by right of way/easement. A few rich hunters objected to a land trade to secure what is essentially publicly-funded private hunts. To all of those who can't afford to fly in, screw you, right? 

Amen!

I'm all for property rights...but property rights aren't a one way street.  All owners, public and private, should have equal rights to access their land.

You do have a right to access the land

I'm not sure what you mean here    In this specific case, yes, folks with airplanes can access it.  There are many other chunks of land that are similarly landlocked, but have no air access...and thus no way to access legally.

[Dhoey07]

Then again the BLM could inform the ranchers, there is no hunting, treaspassing or cattle grazing on those lands. Two can play games. Durfee Hills is a sanctuary.

 

Sounds all too familiar with like lands in our state. It's ridiculous that we don't have rights to access public land through private parcels by right of way/easement. A few rich hunters objected to a land trade to secure what is essentially publicly-funded private hunts. To all of those who can't afford to fly in, screw you, right? 

Amen!

I'm all for property rights...but property rights aren't a one way street.  All owners, public and private, should have equal rights to access their land.

You do have a right to access the land

I'm not sure what you mean here    In this specific case, yes, folks with airplanes can access it.  There are many other chunks of land that are similarly landlocked, but have no air access...and thus no way to access legally.

What I mean is, no rights are being violated in this case.  Absolutley no one is stopping you or anyone from accessing this land.  It's an unfortunete set of circumstances that you can't walk or drive to it.

[Hilltop123]

Now I know where, that Randy Newberg episode was shot.  Or at least a damn good guess.
On a more serious note, would it not behoove the surrounding private property owners to fence their land, to keep cattle off BLM, especially after this grazing issue with the Bundy's in Nevada, this past summer. Besides, why are you worried about Montana, when this same thing goes on here in Washington?