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Montana corner crossing law hb235

 
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  #78  
Old 02-26-2013, 12:24 PM
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Location: Townsend, Montana.
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Re: Montana corner crossing law hb235

Quote:
Originally Posted by 300stw View Post
[
i own in 80 here in eastern montana, i would have O problem with someone corner crosing on the 2 legal sides ,if there was misuse of the area I would work on a little fencing project to guide people to the right crossing,,,
Is there indeed a corner like we are talking about that needs a corner crossing from public on 2 sides, and are you allowing people to use 2 corners of your property to cross?

Just curious.

Jeff
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  #79  
Old 02-26-2013, 06:59 PM
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Re: Montana corner crossing law hb235

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Originally Posted by MontanaRifleman View Post
Would you agree that land swaps and easements would be better than corner jumping?

yes i would if it were like for like on the land or enough money or tax incentive to get landowners interested,
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  #80  
Old 02-26-2013, 07:20 PM
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Re: Montana corner crossing law hb235

This all goes back to how do you know someone tresspassed if you don't know the corner? And I am so glad this judged ruled like he did. Might not be much but sure is hope.
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  #81  
Old 02-26-2013, 07:38 PM
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Re: Montana corner crossing law hb235

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Originally Posted by huntthedistance View Post
This all goes back to how do you know someone tresspassed if you don't know the corner? .
Yeah kinda, except for the fact that the only way to get there is to trespass unless you have wings.

Jeff
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  #82  
Old 02-26-2013, 11:54 PM
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Re: Montana corner crossing law hb235

This problem is not going to go away as it has way too much publicity/momentum going on it.

Let me state that I am a landowner (2 different States), as well as a sportsman/hunter. Corner crossing is illegal in Montana but not in the other State I own land. With that said - I will assume it is a legal State issue and not a federal issue.

The State of Montana needs to come out and state strongly if it is either legal or illegal and will they prosecute to the max if someone tests it. AMEN

As a landowner in Montana, if the verdict comes back that corner crossing is legal, I am going to be pizzed, but I'm a big boy and I will abide by the law. We land owners are the most independent SOB's that God ever created.

If it is determined to be illegal then as a sportsman/hunter I need to shut up and stay the hell off. If it is determined to be illegal than as sportsman/hunters we need to determine if it is worth the fight because I will assure you that all the Sportsman in Montana don't have enough money to either have the corners surveyed or be able to pay to trade parcels of land with individual land owners, or foot the bill to buy access from various/multiple landowners.

The last survey I had done on a parcel of land I could have bought the same rifle Broz is having built along with his new nightforce when I paid that bill after recording the title. Not economically feasible.

As far as having land appraised and then trading parcels. This is even more cost prohibitive. Going through that right now as I lost my last parent this past April. My family has been in agriculture long before I hit this earth and now it is time to determine what things are worth so it may be taken care of according to their wishes. The State of Montana would have to buy a dozen buses, hire and fill them with lawyers, and then do it again on the accounting side. Not economically feasible.

This whole thing can be cleared up by determining the legality. I as a land owner don't want that determination - I have everything to loose and nothing to gain. I as a sportsman/hunter have everything to gain and nothing to loose.

I think it is time for our new "Rep" attorney general to start earning his keep and rule on this - 5 years and 3 courts higher we will know where we stand.
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  #83  
Old 02-27-2013, 09:09 AM
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Re: Montana corner crossing law hb235

Cowboy, I agree almost 100%. But as it stands right now it is indeed illegal to jump corners in Montana. Just because one judge seen something in a single specific case he didn't like and tossed it out does not change that. Remember those hunters still lost their bulls and their tags. And further more the meat and potatos of the bill HB235 and the senator that pushed for it was asking for, in her words "the decriminalization" of trespass at these corners. I feel that makes it clear it has been and still is illegal in Montana. If it wasn't we would not be having this discussion.

Jeff
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  #84  
Old 02-27-2013, 10:46 AM
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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.
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