Supreme Court Could Impact Montana Land Access

Here we go again. The high-profile corner crossing case that’s been kicked around Wyoming’s courtrooms for years could be headed to the big leagues. Yep, the U.S. Supreme Court. And if you hunt public land in Montana, you’re going to want to pay attention to this one.

Quick refresher: Four hunters from Missouri crossed between two chunks of public land via a ladder. No gates. No roads. Just air. They never touched private ground, but the landowner, Fred Eshelman, sued anyway, saying that they “trespassed.” Seriously.

The courts were having none of it. A federal judge sided with the hunters, and the 10th Circuit upheld that decision. That could’ve been the end of it. But no. Eshelman is doubling down and trying to bring it to the U.S. Supreme Court.

Read More: Federal Court Sides with Hunters: Is Montana Next?

And here’s the rub, for Montana anyway. That ruling does not govern the case at hand. Yet. Because we’re not in the 10th Circuit. But if SCOTUS takes the case and sides with public land users, it could end up being a national precedent. That means some million acres of “corner-locked” public land in Montana could finally be opened.

Public-land advocates like Backcountry Hunters & Anglers are behind the hunters, arguing that if you’re not touching private land, it shouldn’t be considered trespassing. But this is a big one. If the Supreme Court takes the case, we are not simply talking about four guys and a ladder.

So yeah, stay tuned. Because the next time you’re staring at that checkerboard on OnX, this case might decide whether you get to take that next step.