ridge-runner
New member
MCA 45-6-20 says that if its not properly posted, you have privilege to access that property (as long as not hunting and fishing--and I think trapping too?)
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Legislative bills
- Thread starter Wapiti Warrior
- Start date
MCA 45-6-20 says that if its not properly posted, you have privilege to access that property (as long as not hunting and fishing--and I think trapping too?)
shoots-straight
Well-known member
This bill is ridiculous. For a guy that accidentally steps on private property to fine him $500 and take away recreational opportunities for 3 years on state lands is excessive.
If a guy is a bad ass, the dept has the capability now to ask for upward of $1000 as it stands today. This bill is nothing more than a slap in the face to hunters. Let the game wardens work this out.
The dept is coming out against this.
Straight Arrow
Well-known member
Not in Montana. It's likely not something that gets attention like hunters and fishermen trespassing due to high scrutiny during hunting season and limited corridors for fishing. However, trespassing is trespassing regardless of your reason. It is a clear private property right in Montana.
It's important, so don't take my word for it. Research it with reliable sources.
mdunc8
Well-known member
For criminal trespass, it must be posted. For hunting w/o landowner permission it doesn't have to be demarcated in any way.
CabinFever
Member
See also first paragraph pg. 12 of MT Access Guide...http://www.envirothon.org/files/MT_Access_Guide.pdf
Straight Arrow
Well-known member
JLS, I stand corrected. What I was referring to is MCA 45-6-203, but the keyword relative to that trespass crime is "premises" likely referring to land with structures.
Wapiti Warrior
New member
All land should have to be marked in order to impose a trespassing ticket! I think it is BS that it doesn't need to be marked in any way and if you step across this invisible line you can get busted...
John
John
SS, I agree. We don't need this bill. When I first moved to MT in 1979 land had to be posted with orange paint or you could trespass for hunting and fishing (I think). Now we have some of the most draconian trespass laws in the nation. We don't need to make them worse.
mdunc8
Well-known member
It's not that difficult to keep track of where you are.
Because Hunt w/o Landowner Permission is an 87 code violation, any court already has the authority to suspend the person's hunting/fishing/trapping privileges if they so choose. As you already pointed out, it's a misdemeanor, so the maximum fine can be up to $1k.
I guess I can see making a separate offense for trespassing on posted property and making the penalty more severe if that's what the Stockgrower's crowd feels the need to do, but to make a penalty this severe for hunting on unposted/unfenced ground is ridiculous.
Maybe it should be an automatic suspension of the ability to outfit/charge trespass fees for three years if you get caught unlawfully posting public land or blocking a public road, or harrassing hunters?
No one is immune from mistakes.
It would be nice if there was also a penalty on landowners, outfitters or anyone else that posts ground without authority and particularly when they post public land to make people think it is private.
There are different types of trespassers. One is the intentional, flagrant person who hopes the fence where there is a no trespassing sign. This person should be fined heavily as he hurts all of us.
The other is the person who unknowingly trespasses in an area of adjacent public & private lands. With today's technology, a person can severly minimize the likelihood of getting onto the wrong property, though there is a cost for the technology ($150-$300) for both the gps and landownership chip.
Is there a good way to legally differentiate between the two?
There are different types of trespassers. One is the intentional, flagrant person who hopes the fence where there is a no trespassing sign. This person should be fined heavily as he hurts all of us.
The other is the person who unknowingly trespasses in an area of adjacent public & private lands. With today's technology, a person can severly minimize the likelihood of getting onto the wrong property, though there is a cost for the technology ($150-$300) for both the gps and landownership chip.
Is there a good way to legally differentiate between the two?
ridge-runner
New member
Hey guys I hope this link works but we can watch/listen in on the discussions here...
http://leg.mt.gov/css/Video-and-Audio/live.asp?strView_id=84
http://leg.mt.gov/css/Video-and-Audio/live.asp?strView_id=84
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RobG
Well-known member
I've made those mistakes and wound up on private land. A lot of people, especially the younger ones, can't afford fancy GPS units to tell them exactly where they are.
So this was an interesting read and brought up something I was completely unaware of. In MT, it is considered trespassing if you go from the corner of a section of public land to the corner of an adjacent section of public land while hunting? Am I understanding this correctly? I don't see how or why that would be considered trespassing, but want to make sure I have that clear.
ridge-runner
New member
Correct, corner hopping is considered trespassing in Montana. Even shooting across someone's property is a trespass.
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