Montana Groups Challenge FWP’s Stance on Corner Crossing in Lawsuit

Two public land access groups have launched a legal challenge against Montana Fish, Wildlife and Parks’ claim that corner crossing is illegal. The lawsuit, filed by Backcountry Hunters and Anglers and the Public Land Water Access Association, disputes the state’s trespassing statutes as related to corner crossing. The 34-page argument presented in Lewis and Clark County District Court aims to overturn FWP’s guidance, stating it clashes with prior legal decisions. This development brings attention to the ongoing debate over corner crossing and public land access.

The lawsuit targets FWP’s stance as inconsistent with the 10th Circuit Court of Appeals’ recent decisions. The groups assert the guidance ignores Montana’s public trust doctrine, designed to protect public lands and resources. John Sullivan of Backcountry Hunters and Anglers described the lawsuit as a step toward solving the legal ambiguity surrounding corner crossing. He emphasized the need for legal clarification to ensure public access while respecting private property rights.

Corner crossing involves stepping from one corner of public land to another across a checkerboard pattern of land ownership. Interest peaked after OnX Maps highlighted 8.3 million acres of corner-locked land, with 871,000 acres in Montana alone. Recent court rulings in Wyoming and persistent claims of illegality by Montana authorities have intensified the debate.

The lawsuit also argues that FWP’s memo breached the Montana Administrative Procedure Act by omitting public input, urging a legislative fix. Democratic lawmakers propose legalizing corner crossing to maintain public land access. Montana’s Lt. Gov. Kristen Juras further fueled the debate, describing the act as trespassing due to airspace privacy infringements, while conservationists call for legislative clarity.

Montana Wildlife Federation’s Frank Szollosi calls for a state-specific court ruling, challenging Juras’ interpretation of law. The ongoing legal tussle underscores the complex intersection of public land access and private property rights in Montana.