Two Public Land Groups Challenge Montana FWP Corner Crossing Position With Lawsuit

Public land groups sue Montana FWP over claim that corner crossing is unlawful in the state. (Photo by Gary George)

Two Montana public land access organizations filed a lawsuit challenging Montana Fish, Wildlife and Parks’ (MFWP) claim that corner crossing is illegal in the state. The Montana Chapter of Backcountry Hunters and Anglers and the Public Land Water Access Association argue that FWP’s interpretation of trespassing laws conflicts with existing legal precedent and violates Montana’s public trust doctrine, which holds that natural resources are managed for the benefit of the public.

According to montanafreepress.org, the lawsuit focuses on a January 2026 memo in which MFWP stated that corner crossing “remains unlawful in Montana.” Plaintiffs contend the agency overstepped its authority and issued guidance unsupported by state law or court precedent. They are asking the Lewis and Clark County District Court to strike down the memo, arguing it directly conflicts with recent federal rulings that favored hunters who used corner crossing to access public land in Wyoming.

Corner crossing occurs when someone steps from one parcel of public land to another at a shared corner where public and private lands meet in a checkerboard pattern. Debate over the issue has intensified in recent years, especially after digital mapping company and Realtree partner OnX estimated that 871,000 acres of Montana public land are effectively inaccessible because they are “corner-locked.” Public land advocates say the case could finally provide long-awaited legal clarity.

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“Our lawsuit challenges that administrative overreach and seeks a durable path forward for law abiding citizens to hunt and access their shared public lands while ensuring private property rights are respected,” the Montana chapter of Backcountry Hunters and Anglers said in a Thursday statement posted on Facebook.

John Sullivan, a board member with BHA, said the lawsuit is intended to challenge the agency’s directive and settle the issue permanently.

“We’re asking the judge to essentially nullify that memo,” Sullivan said. “That’s step one. Step two would be to ask, essentially, while we’re here, let’s take a look at corner crossing and solve it once and for all.”

The plaintiffs also claim FWP violated the Montana Administrative Procedure Act by issuing the memo without public notice or comment.

The lawsuit was filed a day after Lt. Gov. Kristen Juras argued before lawmakers that corner crossing amounts to trespassing because landowners control the airspace above their property. Her comments drew criticism from conservation groups, including Montana Wildlife Federation Executive Director Frank Szollosi, who said the issue remains legally unresolved. “Lieutenant Governor Juras is entitled to her opinion,” Szollosi said, “but how Montana law applies to corner crossing remains a novel legal question that deserves statutory clarity or a Montana-specific court decision.”