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Montana Pulic Land Access

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Montana Pulic Land Access

Postby robloft » 08 20, 2018 •  [Post 1]

If a public road goes through the edge or the corner of BLM, National forest, or State land that is surrounded by private land can you pull over or be dropped off on the side of the road and hunt it? If so and a land owner approached you about hunting there how would you react?
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Re: Montana Pulic Land Access

Postby Tigger » 08 20, 2018 •  [Post 2]

I would have OnX maps on my phone and show him that it is public land. Respectful, but if it is public, you have a right to be there. In fact, you are a partial owner of that land.

If he makes a big deal of it and threatens to call the game warden, I would say "Go ahead! Just note that if I am right and this is public land, I will insist you be given a ticket for hunter harassment."
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Re: Montana Pulic Land Access

Postby BrentLaBere » 08 20, 2018 •  [Post 3]

To be able to hunt BLM lands there has to be public access via a county road or highway - these roads generally show up as the darker red lines on BLM maps but that isn't always the case. We suggest you contact the county you will be hunting in for up to date county road information.

You are allowed to camp on BLM lands for up to 16 days. You can pull up to 100 yards off the road to camp, we ask that you stay as close to the road as possible and to limit vehicle travel to your campsite as to not create much resource damage. Campfires are allowed as long as you make sure they are completely out cold before you leave your campsite.

If you have questions about specific BLM sections - feel free to contact Deana Harms hunting/recreation tech at 406-233-2906 with the Township, Range, and section and she should be able to assist further.

This might help you out. Be sure to make sure it is in fact a public (county) road. Like it was stated above, its not always the case. This is the response I received when looking into this same situation.



MORE INFO I HAVE:

Camping on BLM land has the following rules:
Open to camping for 16 days, unless posted no camping
Leave no trace (Pack it in, Pack it out)
Vehicles may be driven a maximum of 300 ft. off road to a camping site (100 yards)
Fires are allowed unless fire restrictions are in effect - in campgrounds they must be in established rings. Fires must be completely extinguished (cold to touch) if no one is around to watch it.

BLM road traveling:
Roads on BLM land are opened unless signed closed. If your vehicle tires fit in well established two track, then you can drive it. Making new roads/trails are prohibited.

Not sure about camping on State Land, but assume roads on State land are closed unless posted open. Walking onto State land is acceptable if there is legal access.

Our BLM maps are $4 at our Field Offices and other stores also sale them (might be more $).
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Re: Montana Pulic Land Access

Postby Indian Summer » 08 20, 2018 •  [Post 4]

You used the word “corner”. That’s a key word. Corner hopping has been discussed a thousand times online.... and in court. One would think that if they were on checkerboarded land parcels they could step diagonally from one public land section to another as long as they didn’t set foot on the private land section. That is NOT the case. That fact that your body is more than an inch wide means you would be “invading the landowner’s airspace” which is not legal.

So to answer your question if the road proceeds for at least a few feet along the public land AND you know exactly where it does so then you have legal access. If that is the case you would probably not be the first person to utilize that access point and I highly doubt a landowner would approach you. But if that easement just “kisses” the corner of the public land I would advise you not to “hop” the corner.

If you believe you can I would agree that you should get the onXmaps chip for a good look at land ownership borders.
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Re: Montana Pulic Land Access

Postby Lsb » 08 20, 2018 •  [Post 5]

Tigger wrote:I would have OnX maps on my phone and show him that it is public land. Respectful, but if it is public, you have a right to be there. In fact, you are a partial owner of that land.

If he makes a big deal of it and threatens to call the game warden, I would say "Go ahead! Just note that if I am right and this is public land, I will insist you be given a ticket for hunter harassment."

That attitude is exactly why less and less property both public and private is available for access every year.

Be respectful, tell him you think it's public and apologize if you are mistaken. Is it worth hunting a section if you have to fight with someone to be there? Not me, I go to enjoy the hunt not fight.
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Re: Montana Pulic Land Access

Postby Lsb » 08 20, 2018 •  [Post 6]

Indian Summer wrote:You used the word “corner”. That’s a key word. Corner hopping has been discussed a thousand times online.... and in court. One would think that if they were on checkerboarded land parcels they could step diagonally from one public land section to another as long as they didn’t set foot on the private land section. That is NOT the case. That fact that your body is more than an inch wide means you would be “invading the landowner’s airspace” which is not legal.

So to answer your question if the road proceeds for at least a few feet along the public land AND you know exactly where it does so then you have legal access. If that is the case you would probably not be the first person to utilize that access point and I highly doubt a landowner would approach you. But if that easement just “kisses” the corner of the public land I would advise you not to “hop” the corner.

If you believe you can I would agree that you should get the onXmaps chip for a good look at land ownership borders.

That's some good advice
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Re: Montana Pulic Land Access

Postby Lefty » 08 20, 2018 •  [Post 7]

Lsb wrote:That attitude is exactly why less and less property both public and private is available for access every year..

Every situation needs to be played out.
From my experience in Mn where public water info was sent out to farmers was needed.
South Dakota and. Nebraska legal redefinition of section line public use.
Utah public agencies and landowners ended up putting together the first public road trail access maps
I Ben here in Idaho a number of legislators had to be made to look foolish/childish trying to prevent fish and game from posting public state endowment lands on line.
Every one of those plays started with a pissin match. And from my perspective worked or best for the public land user.

I asked permission on hundreds of properties over the years.
I’ve also had dozens of bully land owners try to run me off public landI always try to be cordial but I make sure I m right too.interestingly some of those landowners became great permissions
This year Idaho has a new weirdly restrictive trespass law.
Trespassers must have written permission, no exclusions from the owner or agent
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Re: Montana Pulic Land Access

Postby Tigger » 08 21, 2018 •  [Post 8]

Lsb wrote:
Tigger wrote:I would have OnX maps on my phone and show him that it is public land. Respectful, but if it is public, you have a right to be there. In fact, you are a partial owner of that land.

If he makes a big deal of it and threatens to call the game warden, I would say "Go ahead! Just note that if I am right and this is public land, I will insist you be given a ticket for hunter harassment."

That attitude is exactly why less and less property both public and private is available for access every year.

Be respectful, tell him you think it's public and apologize if you are mistaken. Is it worth hunting a section if you have to fight with someone to be there? Not me, I go to enjoy the hunt not fight.



LSB, I clearly stated be respectful, but if a private landowner is trying to kick you off public land that is 100% not right and I have seen bullies attempt this in the past. They seem to think they can ride roughshod over people and that is just not right and there should be repercussions for that. On the other hand, you better make sure it IS public otherwise the fault is yours and there should be repercussions for that too. I don't feel there is anything wrong with sticking up for your right to legally hunt public land as long as it is done in a respectful manner. I feel there is a lot wrong with a landowner trying to bully people legally hunting public land.
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Re: Montana Pulic Land Access

Postby BrentLaBere » 08 21, 2018 •  [Post 9]

When researching the area I planned on Mule Deer hunting in Montana, that exact thing happened to me. Contacted the warden and everyone possible to make sure I was on a county road accessing public land. Went out for our hunt and as we were ending the day, there was the landowner waiting for us. Asked us what we were doing in a stern voice and I tried to walk passed him. He had driven his truck down the gated state land road, which is illegal because he wasnt checking cattle.....looking for coyotes and wolves. Simply told him we were hunting and he was quick to say we were on private land. I told him I was using on x maps and I had my GPS on the entire time tracking where I was. Long story short, he started back tracking and said some of the fences weren't where they were supposed to be and that it is OK if we cross "his land" to get back to our truck. Even though we were clearly on state land. He also went on to tell me how the Game and Fish planted a trailer of wolves and he was looking for the black one they let loose in the area. Best part was, when he was back tracking, he also mentioned he was worried about all the nice elk that were in the area and how no one knew about them....until now 8-)
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Re: Montana Pulic Land Access

Postby RAMMONT » 08 21, 2018 •  [Post 10]

I completely support private property rights and the right of a property owner to refuse anybody the privilege of crossing his land but when you are on public roads (with access available for the hunting season) and those roads take you in to public land then nobody has the right to fence you out - just make sure that you are right. I sure wouldn't worry about avoiding the guy, I'd explain to him that he's wrong and try to keep the peace, that way you might save yourself further hassle by avoiding a call to the local Sheriff's office or a Fish, Wildlife & Parks officer.
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Re: Montana Pulic Land Access

Postby Indian Summer » 08 21, 2018 •  [Post 11]

Just a note on this subject: There is such a thing as land swaps. I’ve seen people, extremely rich people (go figure) who owned large ranches make deals with the state and give up a tract of land in exchange for another. One year the result was a public road on public land leading to more public land was all private. It was pretty hard for hunters to believe it was true when they came to a gate with a ranch employee saying this road is closed and no trespassing on the other side.

I’m all for standing up for my rights and if I know I’m right look out but.... make darn sure you are right!
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Re: Montana Pulic Land Access

Postby Lefty » 08 22, 2018 •  [Post 12]

Indian Summer wrote: One year the result was a public road on public land leading to more public land was all private. It was pretty hard for hunters to believe,,,,,,


I’ve had landowner tell me a number of times that they made made a swap.
One piece of ground I checked thanksgiving eve at the court house.
Sunrise the adjacent leasee came down and said they had prschased the property. I agreed to leave if it was his then told him I was at the courthouse the previous night and it hadn’t been recordedAt close grumbling he agreed I could hunt until it was recorded
Shortly another fellow showed up and we hunted that morning and the next 2 Days. Saturday as we were parting he informed me he was US fish and wildlife investigating the leasee and another adjacent public land hunt club

A few weeks later it all blew up the adjacent leases when wild on another group of hunters with ATV’ s tearing through and running over decoys
I witnessed the situation with binos. Afternoon I packed up goose decoys and was stopped by parks and fish and game spent the next couple hours writing a deposition

A year later that group was able to get an exclusive lease on the state land and kept hunter's out until the area flooded. I wasn’t hassled by that group until I moved to Idaho .
The fish and game was sick of their harassment

I played by the law , and had become an ally with the feds, Utah law enforcement and adjacent landowners
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Re: Montana Pulic Land Access

Postby robloft » 08 23, 2018 •  [Post 13]

Thanks for all the responses. What made me ask this question is something I saw on OnX maps. A small piece of BLM had what looked like a county road cut through the very corner of it. There was actually BLM land on both sides of the road but it was a very small bit on one side of the road. Maybe 100 to 200 ft long if that. OnX showed it as a county road so it got me curious if I could just park in the side of the road or if there had to be a designated parking spot.


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