Montana’s corner-crossing controversy raises questions about accessing public land blocked by private property. Techniques like using ladders or helicopters spotlight the legal gray areas hunters face. The debate over whether this constitutes trespassing intensifies as Montanans seek clearer regulations. Senate Bill 493, which charges drone pilots for flying below 200 feet, adds complexity to the issue.
The Environmental Quality Council recently addressed these concerns, with Lt. Gov. Kristen Juras, a former property law professor, advocating for private landowners’ airspace rights. She cited the “heaven to hell” doctrine, asserting landowners’ rights from the ground to the sky above. Juras referenced a Supreme Court decision that declined to intervene in a Wyoming corner-crossing case, which ruled in favor of hunters. However, this decision doesn’t affect Montana due to a different appellate circuit.
Juras emphasized Montana’s stance, noting that, contrary to airplane pilots, drone pilots face restrictions under 200 feet without permission, as per Senate Bill 493. She underscored the necessity of maintaining Montana landowners’ property enjoyment. The Unlawful Enclosures Act was discussed, highlighting its role in preventing landowners from blocking access to public land.
“In 2025, you, the Montana Legislature, enacted a law establishing a criminal trespass to fly a drone under 200 feet,” Juras said. “You have recognized a buffer zone of at least 200 feet as being the private property of the surface owner.”
Despite the Wyoming ruling, Montana’s legal framework remains firm on corner-crossing being a trespass. Juras reaffirmed that landowners have rights over their property’s airspace, questioning if the public would accept drones hovering over their yards. Sen. Pat Flowers called for considering diverse opinions to fully grasp the legal landscape moving forward.
Interest in corner-crossing surged after OnX revealed 8.3 million acres of “corner-locked” U.S. land, including 871,000 acres in Montana. Following the Wyoming rulings and Montana Fish, Wildlife and Parks’ stance, discussions have intensified. A 2025 poll showed most Montanans favor legalizing corner-crossing, with legislators expected to revisit this in January.
Two Democratic lawmakers, Rep. Josh Seckinger and Sen. Ellie Boldman, are drafting legislation to legalize corner-crossing in Montana. The Montana Legislature is expected to address this proposal when it reconvenes.
—
Read More Montana News
