The Mountain West is home to more than 15 million acres of public land across 13 states that were previously inaccessible due to private land surrounding public land.
This recently changed following the 10th Circuit Court of Appeals decision, but what will happen to the people of Montana?
“While there are clearly two sides to Montana’s traditional culture of hunting, fishing and access to public lands, private property rights are also very important,” said Missoula County Attorney Matt Jennings. Ta.
In Montana, nearly 3 million acres of public land are closed to public access, data shows.
Utah, Colorado and Wyoming recently allowed some access, but cornering remains uncertain in Montana.
This all started with Manifest Destiny when the railroads were coming west. Congress distributed a checkered real estate layout to railroad companies. The parcels were never returned and were either sold off or passed on over time.
In 2024, we still deal with a checkerboard of private and public lands.
“We look at checkerboards as a problem, and they can be a problem, but if we look at checkerboards as a way to increase access in corners,” said John Sullivan, volunteer president of Backcountry Hunters and Anglers. , that could be a very good thing.”
What’s the easy solution? Some people decide to climb the ladder from one public land to the next. This is called corner crossing. According to Montana Fish, Wildlife and Parks, this is illegal.
“Crossing antlers remains illegal in Montana, and Montanans should continue to obtain permission from adjacent landowners before crossing antlers from one public property to another,” FWP Deputy Director Dustin Temple said. said in a statement. “The warden will continue to report corner crossing incidents to the local county attorney to exercise prosecutorial discretion.”
Sullivan believes that access to public lands is a right of all Montanans. He believes it’s an easy problem to solve. Those worried about building damage or fences confining cattle need not worry. Because that’s what ladders are for.
“The physical act is easy,” Sullivan said. “It’s how the law is written and how it is interpreted.”
The issue has sparked a contentious debate among those who rely on public lands for recreation. NBC Montana asked FWP if illegal is the same as illegal.
“In our judgment, yes,” said Greg Lemon of Montana FWP’s communications and education division. “However, if our wardens find evidence that someone has crossed the corner, they will refer the matter to the county sheriff to determine whether to issue a citation. Ultimately, whether to file charges. It’s up to the county attorney to decide. So the decision to write an indictment and file a lawsuit is the county’s decision, not ours.”
onX, a popular GPS app for hunting, hiking and off-roading, told NBC Montana that there are 8.3 million acres of public land in the West that are off-limits to the public. Of the 3 million acres of land in Montana that are restricted by private landowners, 871,000 acres are corner locked and completely off-limits.
“We believe public lands should be accessible to all Americans, not just a few,” said Lisa Nichols, senior manager of corporate philanthropy and advocacy at onX. “However, we cannot ignore private property rights and landowner concerns in the process. To improve this situation, we must develop mutually beneficial solutions that appeal to both public land enthusiasts and private landowners.” I need to find it.”
“It’s still up to the county attorney’s discretion. The law doesn’t say if it’s legal or illegal,” Sullivan said. “The department was in the wrong. This administration is in the wrong. It’s not illegal in the state of Montana.”
The burden of proof for trespassing shifts to hunters, putting them on the front lines of this issue.
For example, in Wyoming, four hunters faced off in federal court and the Supreme Court against a large elk ranch they claimed had trespassed by corner-crossing them using ladders. The moose ranch sought damages of up to $7.7 million.
The private property that shares this corner is part of Elk Mountain Ranch, owned by Iron Bar Holdings LLC, the North Carolina-based company of billionaire Fred Eshelman, who made a nine-figure net worth in the pharmaceutical industry.
Elk Mountain Ranch is a wonderland where wild buffalo and bison roam the prairie at Elk Mountain Ranch Space and Wildlife Habitat. Herds of Rocky Mountain elk, mule deer, and pronghorn antelope roam freely on the ranch. A herd of 600 American buffalo (bison) is confined to a corner of a ranch larger than San Francisco. Guided big game hunts are conducted for our guests each fall in September, October, and November.
“The case that the federal judge took up was actually a civil case,” Jennings said. “In this case, a landowner sued for $7 million, claiming that he had exclusive private rights to public land and that the value of his land was diminished. , that’s something I have a bit of a problem with.
This is a black and white issue for property owners, but for them it is trespassing. Charles Denault, executive director of United Property Owners of Montana, believes the law is very clear on this issue.
Denault said the question is how much trespassing is tolerated. He said that as boundaries continue to expand, value decreases.
“If we diminish one person’s property rights, we diminish everyone’s property rights,” Denault said.
Denault said Montana has options for accessing sealed-off public lands, including easements, land exchanges, and mandatory state proprietary programs that give tax credits to landowners who provide access. It was said that this includes.
The Montana Property Owners Association filed a court brief in support of Wyoming’s Elk Mountain Ranch during the Corner Cross decision. Landowners in Montana have been the target of similar lawsuits, and the group wanted to speak out.
Denault believes people can get far by asking for permission.
“The problem we see is that some people don’t want to ask for permission,” Denault said. “They just think they have the right to go where they want to go, and the bad guys are actually causing this problem.”
For now, the county attorney has the final say on whether Corner Crossing gets its day in court. The Missoula County Attorney says no corner-crossing case has yet come to his desk in 11 years.
Jennings said most Montanans take pride in sharing their land, calling it their recreational heritage.
For the time being, intersections will continue to slip through the cracks of the law. Hello, some worry that the days of six-packs and the promise of a cut of the reward money will give way to contractual agreements, liability, and a pay-to-play system.
“Because people will be knocking on your door and asking for permission. Then you might not even have to turn the corner. Because they’ll be saying, ‘Please let me unlock the gate.’ “I can drive right through my land,” Jennings said.
