Why It Matters
A legal challenge filed in Montana could reshape how hunters, hikers, and outdoor enthusiasts access millions of acres of public land across the West. The lawsuit targets a state agency’s formal position that corner crossing — stepping between adjoining corners of public land in checkerboard ownership patterns — constitutes illegal trespass in Montana.
What Happened
Two public land advocacy organizations, the Montana Chapter of Backcountry Hunters and Anglers and the Public Land Water Access Association, filed a 34-page complaint Thursday in Lewis and Clark County District Court challenging Montana Fish, Wildlife and Parks’ stance that corner crossing is unlawful in the state.
The groups argue that an FWP internal memo issued in January 2026 — which declared the practice off-limits — was issued without public notice or comment, violating the Montana Administrative Procedure Act. They contend the directive exceeds the agency’s statutory authority and conflicts with both existing case law and the state’s public trust obligations to its citizens.
The lawsuit raises two primary legal theories: a public participation claim rooted in administrative procedure, and a public trust doctrine claim holding that state lands and natural resources must be managed for the benefit of all Montanans.
FWP did not respond to a request for comment on the litigation.
The filing came one day after Lt. Gov. Kristen Juras told a legislative committee that corner crossing amounts to trespass because it involves passing through the airspace above private property. Juras drew a parallel to a recently enacted state law barring drone operators from flying below 200 feet over private land without the owner’s permission. “I think the law is absolutely clear in Montana,” Juras said during her May 13 presentation. “The owner has the right to the surface and the airspace above it.”
Her remarks drew a swift response from conservation groups. Montana Wildlife Federation Executive Director Frank Szollosi challenged her framing, saying that “how Montana law applies to corner crossing remains a novel legal question that deserves statutory clarity or a Montana-specific court decision.”
By the Numbers
- 8.3 million acres of “corner-locked” public land identified across the United States in a 2022 analysis by digital mapping company OnX
- 871,000 acres of that total are located in Montana
- 34 pages in the plaintiffs’ court filing
- January 2026 — the date FWP issued the memo now being challenged
- 3 rulings at the state and federal level — including a 10th Circuit Court of Appeals decision — that sided with hunters who corner-crossed to access public land in Wyoming
Zoom Out
Corner crossing has become a flashpoint across Western states where 19th-century land grants created alternating blocks of public and private ownership. The legal debate gained national attention following a Wyoming case in which four Missouri hunters were sued for trespassing after stepping between public-land corners — and ultimately prevailed through multiple rounds of litigation, culminating in a favorable federal appellate ruling.
That outcome, along with the OnX mapping data revealing the scale of locked-out public land, has prompted advocacy campaigns and legislative proposals in several states. Montana’s case is notable because the challenge is directed not at a private landowner, but at a state wildlife agency’s administrative interpretation. The conservation legacy shaped by figures like Ted Turner underscores how deeply public land access is woven into Montana’s cultural identity.
John Sullivan, a BHA board member involved in the lawsuit, described the agency memo as a target of opportunity. “We’re asking the judge to essentially nullify that memo,” Sullivan said. “Step two would be to ask, while we’re here, let’s take a look at corner crossing and solve it once and for all.”
What’s Next
The case will proceed before a Lewis and Clark County district judge. Plaintiffs are seeking a court order overturning FWP’s guidance, along with a definitive ruling on the legality of corner crossing under Montana law.
On the legislative front, two Democratic lawmakers — Rep. Josh Seckinger of Bozeman and Sen. Ellie Boldman of Missoula — are preparing a bill to be introduced in the next legislative session that would explicitly legalize corner crossing in Montana. “I don’t care how it gets done,” Seckinger said. “Let’s get it done.”
Whether the courts or the legislature moves first, the outcome could determine public access to vast stretches of Montana’s backcountry for generations of hunters and outdoor users.