Landowner claims BLM is his private property

[Topgun 30-06]

As to post my post #113. The guy is just doing everything he can to keep people off by intimidating them. I can access that land just as easily by Kayak and he knows that. But not everyone has a boat or realizes this. So the landowner guy will intimidate everyone he can hoping they stay away. And when people dont stay away he resorts to stealing treestands and trail cameras to further intimidate. And if that doesnt work like with me he just sucks it up cause he has no leg to stand on legally. Its not worth chasing down any charges on the guy like say harassment or something like that. The slap on the wrist wont stop him. The best thing guys that hunt down there can do is stand there ground and ignore the ornery farmer. And lock your stands and cameras to trees if you feel you have to.

The guy certainly has the right to tell you that you can't cross that 5' if it is his land even though he may be a jackass and it's only 5'. IMHO that's just as bad as the corner crossing issue if you don't know where the corner pin is and cross anyway. That's why I wouldn't do it if there wasn't a visible pin, but that's just me and others might not agree. He has no right to do anything else like stealing if he is, but he sure has the right to even file a complaint for trespassing across that private property. If you can access the BLM legally by kayak, then IMHO you should do that and if he does anything illegal that you just think right now that he's been doing and can be documented in the future, then file a complaint against him.

 

[Hilljackoutlaw]

I use kayak most of the time if I hunt there. Depending on what spot I go to kayak is easier and quicker. If I go the other way I just toss my pack and jump over the small strip of land.
I wouldn't ever file a complaint on him unless I actually caught him taking or destroying property. Filing a complaint against a prominent "good ol boy" rancher in this area is a waste of paper, ink, and breath. Which is exactly why the sheriff advised me to try and park elsewhere instead of dealing with the minor issue at the time. But the sheriff didn't wanna ruffle the wrong feathers.

 

[Scarey]

If you're talking about post #113, the way his scenario goes even if the guy only has 5' of private property and he walks across that property to get into the BLM he would be trespassing.

No I was talking about the original post, I didn't see post 113 when I wrote this. Sorry I was not clear as I was getting ready for work while responding. I agree that crossing private property without permission is wrong, especially if the property lines are clearly marked.

 

[Horse]

#113. Sounds like a another forum post in the future. " Cited for trespassing after jumping over 5' of private." Sounds to me that Kayak is only legal way onto that public land.

 

[gouch]

I spent most of my working life posting Forest Service and BLM property lines. It is amazing how many land owners think they own adjacent public land or that they hold some kind of rites to that land. I had to deal with these people all the time. I guess I wasn't very good at dealing with them though. At one point my supervisor called me into his office and suggested that it wild be best if I didn't talk to the public anymore.

I can tell you from experience with and involvement in creating maps that no map is 100% accurate and the least accurate part of the map is property lines. So you always have to be careful in relying on any map in new areas.

 

[bisblue]

OnX is pretty awesome.

I would make sure and contact both F&G and the BLM. Things have to be documented for folks like that. Even an email can start a paper trail that makes doing their jobs way easier in the future.

 

[VikingsGuy]

I have never heard about how Onx handles adverse possession, but surely there would be significant mistakes in their software if a rancher found it easier to move the fence 100 feet into public and after the statuted time that land was now his legally. Most people using Onx would probably think you have a right to cross that fence to access public but in reality you don’t.

Doesn’t really matter to me as I will never use Onx but if someone has a link where they discuss adverse possession I would be curious to see it.

I am not licensed in MT or WY, but I wouldn't worry too much about adverse possession in this scenario, as in most states it only applies between private parties and you can not convert public to private via the mechanism. Also, in MT you have to explicitly pay property taxes (which causes changes in county plats in most locales) for 5 yrs prior.

 

[1_pointer]

I am not licensed in MT or WY, but I wouldn't worry too much about adverse possession in this scenario, as in most states it only applies between private parties and you can not convert public to private via the mechanism. Also, in MT you have to explicitly pay property taxes (which causes changes in county plats in most locales) for 5 yrs prior.

The closest I know of for "adverse possession" of BLM lands is the Desert Land Entry process. Lots of hoops and requirements, but the ever changing crops we raise in this country keep the possibilities open I guess.

https://www.blm.gov/sites/blm.gov/files/Desert Land Entries.pdf

 

[RyanShort]

OnX is pretty awesome , I agree with that!

 

[OntarioHunter]

I thought outfiltters must have a use permit to guide on federal land. They do on USFS land and those permits are like gold! I think it stinks that landowners don't need to have a license if guiding on their own property. They are keeping the public from accessing and harvesting the game we own. And turning a tidy profit. They should have to pay us something for that. Only fair.

 

[TheNorthStar]

If you're talking about post #113, the way his scenario goes even if the guy only has 5' of private property and he walks across that property to get into the BLM he would be trespassing.

I can long jump 5'. Maybe even with 3 or 4 days in my pack.

 

[magnum44270]

hold them to the coals

 

[Western Traveler1]

I can long jump 5'. Maybe even with 3 or 4 days in my pack.

If corner crossing in Montana can get you cited (can and often does) imagine what argument you have jumping over a piece of private land...

 

[TheNorthStar]

If corner crossing in Montana can get you cited (can and often does) imagine what argument you have jumping over a piece of private land...

I'll charter a helicopter then. Where's your sense of humor?

 

[BWALKER77]

topgun.
Have you ever seen railroad tracks listed as private property on OnX?

I've seen one entire homested - actively being used - shown as public on OnX. So I think there might be a few errors.

I have seen a piece of private marked as state land on on X. I notified them and they fixed it.

 

[Matty B]

You are completely in the right! Congrats on the bull!

 

[Western Traveler1]

I'll charter a helicopter then. Where's your sense of humor?

Hey, with a helicopter I hear you can reach some great spots to fish in the Bob Marshall (I often find humor in the things posted here).
My comment was for those that are new to hunting or might not realize how hot a topic corner crossing is here in Montana. It seems completely logical to me to jump from public to public. Not so much to the wardens. I’ve had a couple discussions with them over it.

 

[Sawtooth]

I can long jump 5'. Maybe even with 3 or 4 days in my pack.

This I gotta see. Get those jumping legs ready, October is coming fast.

 

[TheNorthStar]

This I gotta see. Get those jumping legs ready, October is coming fast.

If it was tomorrow it still wouldn't be soon enough!

 

[Buschwack]

New member but here is my experience with OnX. In Colorado it will show State School lands as public. Unless the CPW has them leased for fishing and hunting then they are not open to the public. This has caused numerous trespass issues near a place we hunt turkeys. Bottom line is each state is different in the way the School Board lands are managed.