Guest opinion: Legislature should affirm corner-crossing on public lands

It’s archery season here in Montana, and access to our public lands should be easy. When we hunt, hike or otherwise recreate in a responsible way, we shouldn’t have to navigate a maze of legal uncertainty when we step from one public parcel to the next where they meet at the corners.

Corner-crossing is the act of moving from the corner of one public parcel to the adjacent corner of another parcel by stepping across the point where they connect. It should not involve touching someone else’s private property. Using a chess analogy, it is when you are the bishop and you only move on the diagonal. With respect to our criminal trespass law, if we momentarily pass over private property without touching, entering or remaining on the surface, we are not trespassing. 

This issue has become a flashpoint across the West. In Wyoming, the 10th Circuit Court has recently concluded corner-crossing is legal, and the Supreme Court declined to hear the appeal. While this ruling does not automatically apply nationwide, it provides a compelling argument for the Montana Legislature to adopt a clear, well-crafted policy that recognizes public access while protecting private property rights. The absence of a nationwide Supreme Court ruling means states will continue with challenges in how they treat corner-crossing. 

If people in Wyoming can legally cross at a corner to access adjacent public lands, Montanans deserve the same clarity to pursue our outdoor heritage of hiking, hunting, fishing, birding, plant identification and any other wildland recreation. We should not have to worry about running afoul of a patchwork of uncertain trespass claims. The logic is simple: if your feet remain on public lands, you shouldn’t be treated like a trespasser merely for crossing a hint of undefined airspace at the corners on your way to the next public parcel. This is a fair, reasonable extension of the public-land trust in Montana. 

A responsible approach in Montana should balance the public’s interest without stepping on the rights of private landowners. Critics are concerned about trespass and property rights. A well constructed Montana policy should address these concerns by:

• Passing targeted legislation that explicitly allows corner crossing at legally recognized public land corners, with clear prohibitions against touching private land and against crossing other private property boundaries.

• Requiring public notice and clearly marked corner points where crossings are permitted or prohibited, to reduce confusion and enforcement disputes.

• Providing guidance for law enforcement and land managers on distinguishing lawful crossings from trespassing, and for handling violations in a consistent manner.

• Including a public-education component so public land users understand our rights and responsibilities before crossing.

The Montana legislature should pass legislation to address corner-crossing that would align with a broader Western perspective on public land access and provide a model for neighboring states 

that may be grappling with similar questions. Outdoor recreation is a vital part of our economy and culture, and we can lead the way in crafting policy that respects private property while preserving reasonable access to public lands.

To be clear, this is not about eroding private property rights. This is about creating a fair balance between responsible public access and private ownership. The precedent set in Wyoming illustrates a path forward is possible. Montana should take this opportunity to clarify our laws, reduce ambiguity and reaffirm public lands as a shared inheritance that should be accessible to all Montanans for future generations

Rep. Bob Carter, D-Missoula