sclancy27
Well-known member
- Joined
- Nov 23, 2022
- Messages
- 615
Or WYBecause they think they own the “land” The water flows over. See Colorado, for example.
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Or WYBecause they think they own the “land” The water flows over. See Colorado, for example.
I found that to be well structured summary of the issue. Thanks for the postSome "clarity" on an issue that remains quite unclear. From MT-BHA:
https://www.backcountryhunters.org/thinking_about_corner_crossing_in_montana_read_this_first
Montana FWP unveils its newly designed official vehicle.Which they can't. There is neither code nor case law that makes corner crossing in Montana illegal or legal. The legislature writes the laws, the judiciary interprets them, but the executive branch, in my view, has no authority to declare the law as they see fit.
Old Fred E. probably doesn’t have a friend left in the world at this point. Joe Public Land clearly thinks he’s a jerk, and now old Joe Corner Landowner is going to blame him for ruining their good thing by pressing the issue.This is incredible: the BLM is stepping up and directing State agencies to implement corner crossing. This will put pressure on FWP.
https://billingsgazette.com/news/st...3a03f14b5.html#tracking-source=home-top-story
Fred E. probably doesn't have many friends, but he still has money, and is shelling out for an appeal. Fingers crossed he gets slapped down by the 10th Circuit.Old Fred E. probably doesn’t have a friend left in the world at this point. Joe Public Land clearly thinks he’s a jerk, and now old Joe Corner Landowner is going to blame him for ruining their good thing by pressing the issue.
This is incredible: the BLM is stepping up and directing State agencies to implement corner crossing. This will put pressure on FWP.
https://billingsgazette.com/news/st...3a03f14b5.html#tracking-source=home-top-story
Spot on @Nameless Range. There's a very interesting legal question at the heart of this. Which takes priority? The State interest and jurisdiction over private land civil and trespass laws, or the Federal interest and jurisdiction over public lands?Kind of cool to see the feds in favor, but the BLM really has no say in MT State Law - both criminal and civil - right? Like what does it mean for a federal land agency to "implement" CC? Or is it just good because it's bringing the issue closer to a head?
Just as an aside, Sonya Germann, the new BLM State Director in Billings, is as top notch as they come.
Nameless Range posted a link to a similar article. It seems that case, as presented in the other article, is more trespass than corner cross and will likely only hurt the issue as presented.It begins. A case is being tried in Broadwater Co. which could have far reaching consequences:
https://billingsgazette.com/outdoor...cle_b6ae340a-6d31-11ee-8290-1f6150446485.html
It's the same article. @Nameless Range and I like to race each other to posting these things. I was in court when the article dropped so I couldn't get it posted. I did respond on that thread. Would love to see your thoughts on my response there too. Thanks @MthuntrNameless Range posted a link to a similar article. It seems that case, as presented in the other article, is more trespass than corner cross and will likely only hurt the issue as presented.
So the dude sets foot on private ground and gets cited. Can we all stop calling it a corner crossing case now?
Exactly. As I mentioned elsewhere, of course the landowner will claim they have evidence he trespassed whether he did or not. Regardless, he’s entitled to due process and the presumption of innocence. He’s not guilty of having done anything until a jury of his peers says so.If that’s true, yes. Must be proven in court first.
Time will tell.