Bill Would Give Montanans Public Land Access Through Private Lands

Legislative Roundup

HELENA - Members of the Montana House Fish, Wildlife and Parks Committee heard a bill last week that would require landowners to allow anyone access through their land in order to reach nearby public lands.

Introduced by Rep. Tom Jacobson, D-Great Falls, House Bill 243 specifically prevents landowners with property that surrounds state land from allowing only certain wildlife outfitters access, sometimes through leasing.

“There’s 1.2 million acres of inaccessible state land in the state of Montana,” Jacobson said.

Jacobson said it’s an issue of equity. He argued landowners should not be able to restrict access to publicly owned land just because they own property adjacent to it.

“We’re just saying you can’t license somebody to do outfitting on state land that is not legally accessible to the public,” Jacobson said.

The bill would make this action a misdemeanor and would create a $500 fine for each section of leased state land. Jacobson said he would be open to reducing that penalty but felt landowners needed some incentive to obey the law.

Opponents of the bill said this law unfairly targets private landowners.

Representing United Property Owners of Montana, Shelby DeMars said the bill “does numerous things that infringe on a very serious level, our constitutional right to private property.”

DeMars said the state should work with landowners to find public land access solutions, rather than “forcing” the landowner to do so.

Jacobson said the issue is more about accessing publicly owned land than it is restricting landowner rights.

“Nobody is telling landowners what they can and can’t do with their property,” Jacobson said. “We should have a say over who gets to access our land and whether we get to access [it.]”

 

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