Two public land access groups filed a lawsuit Thursday challenging Montana Fish, Wildlife and Parks鈥� position that corner crossing is 鈥渦nlawful鈥� in Montana.
The Montana Chapter of Backcountry Hunters and Anglers and the Public Land Water Access Association raised public participation and public trust doctrine claims in their before the Lewis and Clark County District Court. The plaintiffs also take issue with the state鈥檚 interpretation of trespassing statutes, a .
The groups are asking the court to reverse FWP鈥檚 guidance on the issue, arguing that it 鈥渋s in conflict with existing legal authority, is not based on an established statute or common law precedent in this state, is an abrogation of the state鈥檚 public trust duties, and is in direct conflict with the recent adjudication of the merits of this issue鈥� in the 10th Circuit Court of Appeals. The 鈥減ublic trust duties鈥� refers to a centuries-old legal doctrine holding that state lands and natural resources such as wildlife 鈥渟hall be held in trust for the people.鈥�
Corner crossing is the act of stepping from adjoining corners of public land where alternating sections of public and private land exist in a checkerboard pattern. Corner crossing has generated increasing interest in the West after digital mapping company OnX published a revealing 8.3 million acres of 鈥渃orner-locked鈥� land in the U.S., .
A state and siding with four Missouri hunters who crossed corners to access public land during a hunt in Wyoming accelerated interest in the topic, as did that the practice 鈥渞emains unlawful in Montana.鈥�
鈥淥ur lawsuit challenges that administrative overreach and seeks a durable path forward for abiding citizens to hunt and access their shared public lands while ensuring private property rights are respected,鈥� the Montana chapter of Backcountry Hunters and Anglers said in a Thursday .
FWP did not respond to a request for comment on the litigation.
John Sullivan, a member of BHA鈥檚 board, told Mountain Journal that a memo defendant FWP issued in January 2026 gave public-land access advocates like himself the opportunity to push for clarity on the issue. It鈥檚 provided BHA something 鈥渃oncrete to push back against,鈥� he said.
鈥淲e鈥檙e asking the judge to essentially nullify that memo,鈥� Sullivan said. 鈥淭hat鈥檚 step one. Step two would be to ask, essentially, while we鈥檙e here, let鈥檚 take a look at corner crossing and solve it once and for all.鈥�
The plaintiffs also raised a right-to-participate claim in the lawsuit, arguing that the FWP memo violates the Montana Administrative Procedure Act because the agency issued it without public notice and comment. The directive 鈥渆xceeds the statutory authority of FWP,鈥� the groups argue.
Sullivan added that he鈥檚 supportive of an effort by two Democratic lawmakers, Rep. Josh Seckinger of Bozeman and Sen. Ellie Boldman of Missoula, to introduce a bill during the next legislative session to legalize the process.
鈥淚 don鈥檛 care how it gets done,鈥� Seckinger said when asked to respond to the lawsuit. 鈥淟et鈥檚 get it done.鈥�
The suit comes the day after Lt. Gov. Kristen Juras describing corner crossing as an illegal act because it amounts to trespassing in the airspace above a private landowner鈥檚 property. She pointed to a that makes it illegal for a drone operator to fly fewer than 200 feet above a landowner鈥檚 property without securing the owner鈥檚 permission.
鈥淚 think the law is absolutely clear in Montana: the owner has the right to the surface and the airspace above it,鈥� Juras said during her May 13 presentation. 鈥淒o you want someone hovering over your backyard with a drone, looking at whatever your kids are doing out in the backyard? That鈥檚 why this Legislature clarified, at least to the use of drones, it is a trespass up to 200 feet of your airspace.鈥�
Juras鈥� presentation drew pushback from conservation and public land access groups. Shortly after the 1.5-hour presentation wrapped up, Montana Wildlife Federation Executive Director Frank Szollosi issued a statement challenging Juras鈥� interpretation of the state statutes at issue.
鈥淟ieutenant Governor Juras鈥� credentials and perspective are undisputed, but no lieutenant governor should be able to turn an interpretation of unsettled law into a conclusion simply by presenting it as one,鈥� Szollosi said in the statement. 鈥淟ieutenant Governor Juras is entitled to her opinion, and we respect her right to offer it. But how Montana law applies to corner crossing remains a novel legal question that deserves statutory clarity or a Montana-specific court decision.鈥�
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