Re: Montana corner crossing law hb235
Yes , it is illegal now in Montana - I agree, and that is why I do not corner cross or agree to corner crossing at this time. However, I do think that from a "legal" stand point there is some grey in the legality of that. That grey needs to be cleared up and declared either black or white. One judges decision on one case doesn't mean squat to me. If you have the money, just appeal the verdict to the next higher court. I have seen way too many decisions overturned by a higher court. An example is the wolf-Malloy hunting season mess caused by Wy. not playing ball with the way the Feds wanted.
We have had this law on the Montana books for way longer than you and I have been on this earth - that doesn't make it legal by the constitution in allowing the public to access public land.
There are a number of areas in the State that have land owners that have closed off large areas , as well as shutting down 2 tract roads across their private land that were put originally there by horses and wagon wheels that have been used for years to access public lands. With todays "instant" and vast internet communication, cell phones, photo transmissions, etc. these instances are now thrown out there for all to see and to hash over as to what is right or wrong. We all have our opinion.
I do not see an economically feasible way to finance procurring access from all these land owners. Just not going to happen - as most of the land owners will not want to play in that game or deal with the legal headaches - just not worth the time and effort. As you well know, give the public access and "one" bad apple will turn a land owner livid.
I don't think any one of our R's or D's up in Helena right now can come up with any bill to make this thing satisfactory and equitable to all any/all parties. It is insane what is going on up there right now on sporstman's issues, buffalo, concealed weapons in bars banks and schools, testing and slaugthering of TB elk etc. Hell, there is a bill up there right now that designates what is a wild buffalo that the FWP is responsible for, all others to be shot on site if they traspass.