Why It Matters
Two Montana conservation organizations filed suit Thursday against the state’s fish and wildlife agency, challenging its position that corner crossing on public lands is illegal. The lawsuit could resolve a long-standing dispute over whether hunters and outdoor enthusiasts may step between adjoining corners of public land parcels in checkerboard ownership patterns without committing trespass.
At stake is access to an estimated 871,000 acres of publicly owned land in Montana that remains unreachable because it touches private parcels only at surveyed corners. The case arrives as state officials and lawmakers debate whether Montana will follow recent federal court rulings that have sided with public-land users in similar disputes.
What Happened
The Montana chapter of Backcountry Hunters and Anglers and the Public Land Water Access Association filed a 34-page complaint in Lewis and Clark County District Court. The groups argue that Montana Fish, Wildlife and Parks exceeded its authority when it issued guidance in January stating that corner crossing remains unlawful in the state.
The plaintiffs contend the agency’s position violates the Montana Administrative Procedure Act because officials issued the directive without public notice or comment. They also invoke the public trust doctrine, a legal principle holding that state lands and wildlife must be managed for the benefit of all citizens.
Corner crossing refers to the practice of stepping from one parcel of public land to another where the two tracts meet at a single surveyed point. The technique is used to reach landlocked public parcels in areas where federal and private ownership alternate in checkerboard fashion, a pattern created by 19th-century railroad land grants.
By the Numbers
A 2022 analysis by mapping firm OnX identified 8.3 million acres of corner-locked public land across the western United States. Montana accounts for 871,000 of those acres. The issue gained national attention after a series of rulings in the 10th Circuit Court of Appeals sided with four Missouri hunters who crossed corners to access public land in Wyoming during a 2021 hunt.
State law prohibits drone operators from flying below 200 feet over private property without permission, a statute that Lt. Gov. Kristen Juras cited in testimony this week as evidence that airspace above private land remains protected from trespass.
Zoom Out
Western states have grappled with corner-crossing disputes for decades, but no appellate court had directly addressed the legality of the practice until the Wyoming case reached federal court. That litigation concluded with rulings that the hunters did not commit criminal trespass or civil trespass when they stepped over survey markers separating public and private corners.
Montana officials have declined to adopt that reasoning. In a May 13 presentation to a legislative committee, Juras argued that corner crossing constitutes airspace trespass and compared it to unauthorized drone flights over private property. Conservation groups disputed that interpretation, saying it conflates distinct legal standards.
What’s Next
The plaintiffs are asking the court to invalidate the FWP guidance and issue a ruling on whether corner crossing is lawful under Montana statute and common law. A board member for one of the plaintiff organizations said the groups view the lawsuit as an opportunity to resolve the issue definitively rather than rely on agency memos that lack the force of law.
Two Democratic lawmakers have announced plans to introduce legislation during the next session that would explicitly authorize corner crossing in Montana. The bill’s sponsor said he supports any path that brings legal clarity to the practice and opens access to landlocked public parcels.