Why It Matters
For hunters and outdoor recreationists across the Mountain West, corner crossing has become one of the most contested access issues in years. In Montana alone, an estimated 871,000 acres of public land are effectively inaccessible due to a checkerboard pattern of alternating public and private sections — land that many hunters and anglers say belongs to them by right, but that the state has restricted them from reaching.
The outcome of this lawsuit could determine whether hundreds of thousands of acres become practically accessible to Montana sportsmen or remain locked behind an administrative memo.
What Happened
Two public land advocacy organizations — the Montana Chapter of Backcountry Hunters and Anglers and the Public Land Water Access Association — filed a 34-page lawsuit Thursday in Lewis and Clark County District Court targeting Montana Fish, Wildlife and Parks’ stance that corner crossing is illegal in the state.
The groups are asking the court to invalidate a January 2026 FWP memo that declared the practice unlawful, arguing the agency issued the directive without public notice or comment, in violation of the Montana Administrative Procedure Act. They contend FWP overstepped its statutory authority and failed its obligations under the public trust doctrine — a long-standing legal principle holding that state lands and natural resources must be managed on behalf of the public.
Corner crossing refers to stepping diagonally from one corner of public land to another adjoining public corner, physically passing over the intersecting private land in the process. Critics of the practice argue that any passage — even airborne — above private property constitutes trespass.
FWP did not respond to requests for comment on the litigation.
Key Voices
John Sullivan, a board member with Backcountry Hunters and Anglers, described the January FWP memo as a target the groups could act against. “We’re asking the judge to essentially nullify that memo,” Sullivan said. “Step two would be to ask, while we’re here, let’s take a look at corner crossing and solve it once and for all.”
The lawsuit also challenges FWP’s legal reasoning, arguing the agency’s position conflicts with a recent 10th Circuit Court of Appeals ruling that sided with four Missouri hunters who had crossed corners to reach public land during a Wyoming hunt.
The filing drew near-simultaneous pushback from the state’s executive branch. Lt. Gov. Kristen Juras, in a presentation to a legislative committee the day before the suit was filed, called corner crossing illegal, comparing it to drone flights over private property. “I think the law is absolutely clear in Montana,” Juras said. “The owner has the right to the surface and the airspace above it.”
Montana Wildlife Federation Executive Director Frank Szollosi challenged that framing, saying no state official can transform an unsettled legal interpretation into settled law simply by asserting it. “How Montana law applies to corner crossing remains a novel legal question that deserves statutory clarity or a Montana-specific court decision,” Szollosi said.
By the Numbers
- 8.3 million acres of “corner-locked” public land identified across the U.S. in a 2022 mapping report
- 871,000 acres of that total located in Montana
- 34 pages in the lawsuit filed Thursday in Lewis and Clark County District Court
- January 2026 — the date FWP issued the memo the plaintiffs seek to have nullified
Zoom Out
Corner crossing has become a flashpoint across the Mountain West as digital mapping tools have made it easier for the public to identify landlocked parcels. The issue intersects competing values that run deep in states like Montana — private property rights on one side and the tradition of public land access on the other. Federal land policy debates have also intensified under the current administration, adding pressure to state-level land access disputes.
Two Democratic state lawmakers — a Bozeman representative and a Missoula senator — are reportedly planning to introduce legislation to legalize corner crossing during the next legislative session. Rep. Josh Seckinger was quoted saying simply, “Let’s get it done.”
What’s Next
The case now moves to Lewis and Clark County District Court, where a judge will consider whether to nullify FWP’s January memo and potentially rule on the broader legality of corner crossing in Montana. A legislative fix remains a parallel possibility, though any bill would await the next session. Other high-profile Montana legal cases are also working through the state’s courts as the summer season approaches.
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