Presentation Type
Oral Presentation
Category
Social Sciences/Humanities
Abstract/Artist Statement
Across the American West, 9.52 million acres of federal and state public lands are inaccessible to the public. The legality of accessing much of those public lands through corner-crossing is unclear in the law because, in the infinitesimal space where four corners of land meet in a checkerboard pattern, there is ambiguity; neither private landowners nor the public can assert an exclusive right or absolute control without infringing upon the rights of the other. This paper discusses the origins of landlocked public land, common law doctrines that inform legal actors in this space, and analyzes federal statute and state legislative attempts to clarify corner-crossing. Informed by principles of statutory interpretation, the paper systematically examines five previous legislative attempts to legalize corner crossing in Wyoming, Nevada, and Montana. It proposes a solution that progresses Montana’s outdoor recreation heritage while respecting private property rights through a thoughtful addition to the Montana Code Annotated.
Mentor Name
Anthony Johnstone
Personal Statement
The legality of corner-crossing has long been unclear. Recently, the issue has been thrust into the national spotlight. See https://www.nytimes.com/2022/11/26/business/hunting-wyoming-elk-mountain-access.html. Still, the catalyst for this issue being put in the spotlight, the federal lawsuit, will not provide clarity on the issue. This paper proposes a solution that will provide clarity. By sharing my proposal with the UM and the greater Missoula community, I expect aspects of my proposal to be challenged, ideas not considered to be posited, and a community of minds to strengthen this work. I, like many, have a deep love for Montana’s quiet beauty. That love has been cultivated by adventures in Montana’s abundant public lands and waters. Perhaps profoundly, though, that love has been cultivated by Montanans. There’s an infectious and unifying pride for Montana’s landscapes. And I have learned, and seen Montanans address issues related to those landscapes with forethought, pragmatism, and community. That community is why I bring my work to GradCon; to share and improve this proposal via my community. Montana has a history of progressive public access laws, and I hope my research can help carry that legacy.
Unlocking Montana: A Solution to Corner-Locked Public Land
UC 330
Across the American West, 9.52 million acres of federal and state public lands are inaccessible to the public. The legality of accessing much of those public lands through corner-crossing is unclear in the law because, in the infinitesimal space where four corners of land meet in a checkerboard pattern, there is ambiguity; neither private landowners nor the public can assert an exclusive right or absolute control without infringing upon the rights of the other. This paper discusses the origins of landlocked public land, common law doctrines that inform legal actors in this space, and analyzes federal statute and state legislative attempts to clarify corner-crossing. Informed by principles of statutory interpretation, the paper systematically examines five previous legislative attempts to legalize corner crossing in Wyoming, Nevada, and Montana. It proposes a solution that progresses Montana’s outdoor recreation heritage while respecting private property rights through a thoughtful addition to the Montana Code Annotated.