Helicopter Landing in the Bob Marshall Wilderness

Any lawyers have input how Montana's stream access law and the sturgeon supreme court ruling might impact the legality of landing below high water mark?
 
Since the infraction occurred on public land the public; ie you; are able to file charges against the pilot for the crime.
 
Assholes with helicopters seem to be a big city thing when they move to Montana.

www.bozemandailychronicle.com

Former developer's plans could open wilderness gateway

PARADISE VALLEY - There are chainsaws running in the middle of the Absaroka Beartooth Wilderness. There's a miniature backhoe there, too, along with a regular series of noisy helicopter flights,
www.bozemandailychronicle.com www.bozemandailychronicle.com
 
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azelkhntr said:
Since the infraction occurred on public land the public; ie you; are able to file charges against the pilot for the crime.
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Do you feel like going into a little more depth? Id be interested in calling or emailing the FS. Or would I need to higher a lawyer to file charges? No different being a MT vs CA resident?

Ive havent been to the Bob yet, but I will. Like most others here I enjoy many wilderness areas throughout the year for the reason of non motorized use. So I think its worth diving into what the entire lawsuit direction would entail to set a precedent that you dont F around on our public lands like this.

PS. Can we get proof one is part owner of OnX? Or what was that post about?
 
Put your ticket books away folks.
As one of many English traditions exported to colonial America, private prosecutions predate the establishment of the United States. But the ability to prosecute privately does not apply in every state, nor does it extend to federal crimes. In 1981, the United States Supreme Court held that a private individual does not have a constitutional right to private prosecution. Because of this Supreme Court ruling, and because Congress has not passed laws providing for private prosecution, a private person does not have the right in federal court to prosecute an offense or hire an attorney to pursue a criminal case on the private person’s behalf.
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I'm not sure how this will turn out, but I hope that the punishment handed down is not monetary in nature- either send them to jail for a little while, or force them into a boatload of community service. Trail building, picking up garbage at littered campgrounds/public lands, road repair from overuse, mucking stalls for forest service horses, etc.

The amount of money you could fine the offenders in this case would mean nothing to these people- you must damage their pride and public image to enact any true punishment & serve justice.
 
Hmm I guess good to know JLS

Their estate on Star Ridge road in Bozeman is estimated at 2.4 million. So I get the feeling the fine amount is just under some couch cushions with them. Nothing against wealth really, its just they need a different punishment. Like loss of license to fly for at least a few years...
 
lastlight said:
Do you feel like going into a little more depth? Id be interested in calling or emailing the FS. Or would I need to higher a lawyer to file charges? No different being a MT vs CA resident?

Ive havent been to the Bob yet, but I will. Like most others here I enjoy many wilderness areas throughout the year for the reason of non motorized use. So I think its worth diving into what the entire lawsuit direction would entail to set a precedent that you dont F around on our public lands like this.
Click to expand...

I would start with calling the County Sheriff and getting information from them on the incident and a case file and number if any. The NFS has its own Law Enforcement Division so I would call the local NFS Hdqtrs in charge of the Bob. If this did indeed occur tell them you want to see charges filed by them. If they refuse then they have to show cause in writing why not. The BMWA is public property of the People of the US and if you can give good cause to show that a Federal felony was committed you can personally push for charges to be filed against the offending party if you want to. I'd like to see someone do that if this occurred, and if I lived in MT and or hunted the Bob I'd be keen to do so. Personally I wont tolerate any longer gross violations of my Rights on public land esp. by the antis while I'm in the field. I will file charges against them and follow through with the Sheriff and NFS leos. Any negative comments I might receive in the field now get handled by the Sheriff. I'm done. I'd love to see this guys helo confiscated as direct evidence then auctioned off. He wont be recovering the insurance on that. Also there will be flight logs and radar signatures showing the overflight. Thats irrefutable evidence and you can have charges filed based on just that alone. No eyewitness needed.
 
lastlight said:
Hmm I guess good to know JLS

Their estate on Star Ridge road in Bozeman is estimated at 2.4 million. So I get the feeling the fine amount is just under some couch cushions with them. Nothing against wealth really, its just they need a different punishment. Like loss of license to fly for at least a few years...
Click to expand...

Used helicopters of similar models look like they cost $800k+ as well. Fines won't matter. I am sure they could have got a free subscription to Onx if they asked.
 
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