10th Circuit Corner Crossing Ruling: What does this mean for MT?

[Elky Welky]

Hello all,

The great news today is that corner crossing has now been officially determined legal in the 10th circuit. https://wyofile.com/appeals-court-backs-corner-crossers-in-wyoming-public-lands-case/

This does not include Montana however. Although this case law is now highly persuasive, public land owners must still be vigilant in our state. Specifically, if a case gets filed in State court, there is no guarantee that the Montana Supreme Court would rule in favor of anyone asserting their right to access their public land. Our new Chief Justice of the Montana Supreme Court worked as a lobbyist for UPOM, who we all know are anti-public land and wildlife.

If a civil case gets filed in MT, it would be best if it is removed to federal court, as our federal judges are less likely to be persuaded by outside organizations like UPOM. But criminal liability is still an option in this state under state charges, particularly because county prosecutors are elected officials often funded by the biggest landowners in their respective counties. Proceed with caution, and read up on the law for yourself.

Thinking about corner crossing in Montana? Read this first.

Backcountry Hunters & Anglers is the voice for our wild public lands, waters and wildlife.

www.backcountryhunters.org

 

[SAJ-99]

Sounds like a topic which needs a preemptive GoFundMe.

 

[Rie Bread]

I know who to call if I get pinched

 

[Ben Lamb]

Nice work folks.

Just as an aside, Chief Justice Swanson represented Citizens for Balanced Use at the legislature, not UPOM.

He did represent CBU, UPOM & a few legislators on a bison lawsuit.

 

[Nameless Range]

Much like Stream Access Law, we can now watch as the Sky Doesn't Fall, property prices do not plummet, and private property rights are not egregiously infringed upon.

I know that doesn't really speak to legality, but I do see it generating evidence for the public to view against the fearmongers in Montana who view CC as an affront to their existence.

 

[Elky Welky]

Much like Stream Access Law, we can now watch as the Sky Doesn't Fall, property prices do not plummet, and private property rights are not egregiously infringed upon.

At minute 2: "Well now I'm getting the butt cheeks!"

 

[Luke_with_a_lab]

God willing someone will put it to the test in MT soon.

 

[cgasner1]

God willing someone will put it to the test in MT soon.

Not all corner crosses are the same I hope someone does it in the right spot.

 

[Luke_with_a_lab]

Not all corner crosses are the same I hope someone does it in the right spot.

No doubt.

 

[Elky Welky]

There's some excellent language in the opinion, specifically regarding the public's right to claim that a landowner that intentionally creates a barrier of access to public land at a corner could be civilly liable for nuisance. This would be one of the better approaches in Montana. If a landowner attempts to create an unlawful enclosure by blocking access at the corner, the public could sue them and potentially win under the logic of the 10th Circuit's ruling:

"When a landowner denies checkerboard access, he imposes a proscribable nuisance under federal law,'notwithstanding' such action may involve an entry upon the lands of a private individual.” Camfield, 167 U.S. at 525."

"The core principle of the UIA (the Unlawful Inclosures Act), as reiterated in Bergen, is that a landowner cannot maintain a barrier “which encloses public lands and prevents” access for a “lawful purpose.” Bergen, 848 F.2d at 1511–12. The barrier itself is not a UIA violation—but it becomes one when its effect is to inclose."

 

[Doublecluck]

God willing someone will put it to the test in MT soon.

Go big


already got the ladder

 

[cgasner1]

Go big
View attachment 364563already got the ladder

The problem is that any idiot jumps a random corner this entire thing could backfire and push it back another 10 years

 

[Elky Welky]

The problem is that any idiot jumps a random corner this entire thing could backfire and push it back another 10 years

Which is why I think we would be better off to sue a landowner for unlawfully blocking a corner. This case gives the logic for such a situation, which I cited above.

 

[cgasner1]

Which is why I think we would be better off to sue a landowner for unlawfully blocking a corner. This case gives the logic for such a situation, which I cited above.

If I find one you’ll be my first call

 

[MTLabrador]

Go big
View attachment 364563

already got the ladder

Of all the corners in Montana, this one was my first thought.

 

[mtmuley]

Of all the corners in Montana, this one was my first thought.

Gonna be a long line of guys with ladders. I'm all for access, but nothing is a secret anymore. mtmuley

 

[MTGomer]

New in the GoHunt shop… Carbon fiber, modular ultralight pogo stick that is convertible to a tripod or bipod

 

[cgasner1]

New in the GoHunt shop… Carbon fiber, modular ultralight pogo stick that is convertible to a tripod or bipod

Is it e powered asking for a friend

 

[Mountain Mule]

Is it e powered asking for a friend

It would still be considered motorized.

 

[Doublecluck]

Of all the corners in Montana, this one was my first thought.

Saw some giants up on that flat from the opposing mountain range over the years.

Gonna be a long line of guys with ladders. I'm all for access, but nothing is a secret anymore. mtmuley

I’m not sure if I’m more excited about trying to access the ones I’ve always wanted but never had the balls to, or more disappointed all the ones I’ve already accessed and saw minimal people and nobody seemed to give AF about that everyone else will now.