FWP reaffirms position on corner-crossing in Montana

Glendon Mullins

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Just posting for FYI purposes​

FWP reaffirms position on corner-crossing in Montana​

HELENA – In light of the decision by the U.S. Supreme Court not to take up the Federal District Court decision on corner crossing in Wyoming, Montana Fish, Wildlife & Parks’ Director Christy Clark reaffirmed the agency’s position on the issue Monday.

“Corner crossing remains unlawful in Montana, and Montanans should continue to obtain permission from the adjoining landowners before crossing corners from one piece of public land to another,” Director Clark said. “Wardens will continue to report corner crossing cases to local county attorneys to exercise their prosecutorial discretion.”
 
I think someone could make a great business in purchasing and renting out those one-man drones to just fly right into those places. Just like renting a car/truck.
 
Perhaps we need a cause for gov't eminent domain for the public use and just take those corners. They do it a lot when there is a public need. I think this is a perfect cause for it. The ranchers won't be able to stop it if there was enough public push.
 
Heading to Montana for elk in a few days. If someone knows of some elk on a square of public that requires corner crossing I’ll happily go do it and set the precedent. DM me onx pins. I’ll document everything and share/report back.
I admire your tenacity, but I’d highly recommend that no one tries to set a precedent on this unless they have significant legal and capital backing. You’re exposing yourself to civil litigation as well. The WY hunters were facing a $7,000,000 million dollar lawsuit.

The last thing we need is a case that supports the contrary.. I could throw a rock from my house to a corner crossing between public and 80,000 acres owned by a billionaire here in Montana. It’s a slippery slope that needs to be navigated preciously and carefully.
 
I’d highly recommend that no one tries to set a precedent on this unless they have significant legal and capital backing. You’re exposing yourself to civil litigation as well. The WY hunters were facing a $7,000,000 million dollar lawsuit.
This is really good advice. A lot of issues like this that get deliberately "triggered" to force court rulings have some type of group backing the person doing it, even if indirectly. This isn't something you want to do randomly unless you know you have support behind you when the sh1t hits the fan - because the point is to MAKE the sh1t hit the fan, and you don't want to be standing under it alone when it does.
 
“Wardens will continue to report corner crossing cases to local county attorneys to exercise their prosecutorial discretion.”

There’s a number of county prosecutors that I have been told via Leo’s that won’t take the cases to court. Not sure how true that is and only one way to find out! I’ve been doing it for years but never into landlocked ground. Just easier to access via corner crossing and never had issues.
 
This is an interesting topic. I have shot all sorts of different game animals on public and private, and each definitely has its own pros and cons. My favorite hunt of all time was my mountain goat hunt, as it was all on hundreds of thousands of acres of public land. The massive amount of public land and relative lack of hunting pressure made for a great hunt. My private land experiences have also been good, and I have been lucky enough to have friends and family who have allowed me to hunt their places. Or, I have obtained permission back in the "good ol days" by knocking on doors.

Elk and Deer are different critters, and quite simply, seem to prefer agriculture when available. Since the whole corner crossing court case, and the widespread use of OnX, my own anecdotal experience is this:

If you are the first person to discover the landlocked piece of property, the hunting will probably be good. Then when you kill one and you tell your buddy you need help, that seems to trigger a steady onslaught of pressure that eventually clears the entire section of most game animals. The animals that once inhabited the landlocked piece of ground eventually just go to...private property. Then you are kind of right back to where you started. I have watched this transpire over the years on a property I have hunted for nearly 25 years. To be clear, I really have nothing against the folks who are going in there. Good on ya if you want to put in the effort and burn some boot leather. And truthfully alot of the time they just end up pushing the critters onto the property I can hunt anyways. Or, they go on the neighbor's place that is a full no-go zone. Montana is unique as well, as we have some type of hunting season that lasts for 12 weeks. Even longer if there is a shoulder season. I think that most ungulates will only tolerate so much pressure before they leave the countryside altogether. I am sure experiences will vary by area and type of terrain, but I have heard similar stories from folks on both sides of the fence (pun intended).
 
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