Viewpoint: Public land must stay public – and accessible
Sen. Ellie Boldman and Rep. Josh Seckinger
You can’t trespass on your own land. That’s why we reintroduced legislation to clarify something that should never have been in doubt: stepping from one piece of public land to another at a shared corner is not criminal trespass.
This bill does one simple thing. It clarifies in Montana law that corner crossing — when no private land is touched and no property is damaged — is lawful. It protects private property rights while ensuring that public land remains accessible to the people who own it.
Because public land only matters if the public can reach it.
Montana is blessed with millions of acres of public land. It defines our culture, fuels our rural economies, sustains wildlife, and binds together Republicans, Democrats, and independents in shared stewardship. But nearly 900,000 acres of that land sit effectively locked away because of outdated interpretations and legal uncertainty.
That uncertainty helps no one.
In 2013, Senator Boldman carried the first major effort to fix this issue. HB 235 sought to legalize corner crossing. What happened next was unforgettable: busload after busload of sportsmen traveled to Helena. I remember looking up into the gallery and seeing hundreds of blaze orange vests standing shoulder to shoulder. Montanans drove from as far away as Glasgow to defend access to the land they already own.
The bill failed. The access problem did not.
Since then, the landscape around us has changed. Across the West, we have watched super-wealthy interests purchase enormous swaths of private land, consolidate control, and in some cases restrict access to the public lands surrounding or interwoven with those properties. The result is a slow but steady tightening of access in states where outdoor opportunity has long been a defining value.
Montana has always resisted that trend. We believe public land should remain in public hands. But ownership without access is hollow. When large blocks of public land become functionally unreachable, they might as well be behind locked gates.
In 2025, the United States Court of Appeals for the 10th Circuit issued a landmark ruling holding that corner crossing does not violate federal law when the individual does not step onto private property. That decision unlocked millions of acres of public land in neighboring states like Wyoming, Colorado, and Utah.
Montana sits in a different federal circuit, so the ruling does not automatically apply here. That is precisely why now is the time for Montana to act. We should not wait for years of litigation. We should provide clarity ourselves.
Representative Seckinger, a Bozeman fly fishing guide, sees the stakes every season. Access determines opportunity. Opportunity determines participation. Participation funds conservation. When access shrinks, everything downstream shrinks with it — from local businesses to wildlife funding.
“I’ve witnessed my fishing clients glass elk, on public lands they can clearly see but cannot legally reach.”
This legislation does not diminish private property rights. It does not authorize trespass. It does not permit crossing onto private land. It simply clarifies that moving from public land to public land at a shared corner is not a crime.
Clear law protects everyone — sportsmen, landowners, wardens, and rural communities alike.
The time is now because the pressure on Western land is not slowing. Land values are rising. Consolidation is increasing. If Montana wants to remain Montana, we must protect both ownership and access.
Public land must stay public. And public means accessible. Montanans don’t need a lawyer to go hunting.
We invite our colleagues on both sides of the aisle to join us. This is not a partisan fight. It is a generational responsibility.
Montanans showed up in 2013. They are still here. And they are ready for clarity.
Let’s finish what we started.
-Senator Ellie Boldman (Missoula) and Representative Josh Seckinger (Bozeman) are co-chairs for the Montana Legislative Sportsmen’s Caucus