Ollin Magnetic Digiscoping System

My East Crazies Trespassing Trial

2ski said:
It would be great if we had some sort of list and log that we could log a hike on some of these trails. Not to agitate the land owners, but to make sure there is continued historical use so that we don't lose them. I would be willing to take a hike on a few trails each year, just to make sure they get used. Again, I AM NOT ADVOCATING TRYING TO BE A NUISANCE, just try to make sure a few people have proof that the trails get used each year. But equally important would be to have some sort of online log of the use of said trails so that its easy to find the record of use.
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I have had this same thought for a while now. The Montana Wilderness Association has a page on their website (I believe www.hike.wildmontana.org ) that allows a person to read and post reviews on trails all over the state. I'm sure the would be able to develop some kind of resource to create a log of people using the trail. The problem would be getting everyone to participate but it would no doubt be a better resource than what we have available now.
 
To be of use, any log must be immune to falsification. Photos, dated? I'm waiting to see what the law requires in the way of use and over how long to establish an easement not otherwise recorded as per usual down at the recorder's office.

A log starting today might not be as effective as simply going down and recording an interest.

The trial will be looking back in time. My guess, any way.
 
I wish you the best RobG. Passing on the word.

I really have to walk the line on private/public lands daily where I live.
I know it will be just a matter of time before I say eff it ,Try & stop me.Cite me,arrest me.
I will make a citizens arrest in responce & the game is on.
 
I agree for right now there needs to be a historical consistency to the trail, but what about 40 years from now?
 
BucksnDucks said:
Hey Rob, I'm not familiar with your particular situation or if this question has been addressed. Do you know why or is it common to have the Sheriff deal with a hunter trespass issue as opposed to the Game Warden?
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The Sheriff and FW&P would have jurisdiction in this matter. The landowner could call either agency. It's hard to say if the landowner called the local 911 center and no Game Warden was available so a Deputy was sent or if he requested a Deputy instead of a Game Warden.

In my other life we were involved with an ongoing landowner dispute. I instructed my guys to investigate and refer it to the County Attorney for review. If I remember correctly it was determined to be a civil dispute and no criminal charges were filed. This may possibly end up in civil court to determine if a easement is valid. If it goes this direction donations will definitely be needed as the cost will add up quickly.
 
Schaaf said:
I agree for right now there needs to be a historical consistency to the trail, but what about 40 years from now?
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I'm not sure but I think you can just record an easement. Doesn't mean you have it but at least your position is of record. It may force a quiet title action if it clouds the title and decreases the property value. I could be very wrong and stand to be corrected. I just thought county recorder's did not make judgements on things and just recorded when the fee was paid, leaving parties and the court to hash it out. Any lawyers out there?
 
Montana game wardens often cover a large amount of land. I have had to wait more than an hour for a game warden to arrive many times. The sheriff may just be quicker.
 
Done.

Question...has anyone seen anything posted by other public land user groups? I think we need to share this with those "non-consumptive" groups as they stand to lose the same access.
 
Dan O said:
The Sheriff and FW&P would have jurisdiction in this matter. The landowner could call either agency. It's hard to say if the landowner called the local 911 center and no Game Warden was available so a Deputy was sent or if he requested a Deputy instead of a Game Warden.

In my other life we were involved with an ongoing landowner dispute. I instructed my guys to investigate and refer it to the County Attorney for review. If I remember correctly it was determined to be a civil dispute and no criminal charges were filed. This may possibly end up in civil court to determine if a easement is valid. If it goes this direction donations will definitely be needed as the cost will add up quickly.
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FWP didn't want to get involved. The Undersheriff wrote the ticket so the courts could decide whether to pursue it or just dismiss it. Kat and I are finding a lot of stuff showing historical use so hopefully the DA will just tell the landowner to stop wasting everyone's time. Even if that happens the attorney fees will add up quickly. If we have to take it to civil court to perfect the easement that's a whole different can of worms.
 
Here is probably why Langhus wants to close down this trail. I took this picture of his guest house from the trail. The vehicles are undoubtedly guest hunters since they had non-resident plates.

bIMG_5736.jpg

So he is advertising this cabin as a "Paradise of Relaxation" yet there is a public trial going right past it! I talked to one hunter who was confronted by some guests who thought they were the only ones who could hunt back there. I bet Langhus got an earful that night from some angry guests and doesn't want it to happen again.
 
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