Landowner claims BLM is his private property

ozmontana

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Apr 27, 2013
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Kalispell
Well everyone, I wanted to wait for a few weeks and let the dust settle. I wanted to take a moment to thing about the conflict I had and decide if I am blowingit out of proportion and or decide the direction I wanted to take with this issue. Any suggestion would be appreciated before I take action on the issue.


I drew the 700 either sex tag this year. Obviously excited at the opportunity for and above average bull, I began my research. Like many of you, I pulled up Onx and looked for BLM that has limited access and less traffic. I found a small strip of BLM that crossed a county road, noticed that the small trip eventually opened up into a larger piece and had some connected state piece. I made note of the possibility and marked the spot. It was one of many places I wanted to spend time on, but not my first choice. The fact is I spent 5 full days in other locations before I made a trip to this piece.


It was about 11am by the time my dad and I pulled into the piece of BLM. We were surprised to find a road that was not on the map,went down the narrow strip of BLM to a fence that had another truck already parked their. Disappointed that I was not the only person to do his research I decided to at least take a look at the area. Review tracks, water, and feed. The first think I noticed was that some of the fence post where spayed orange. I reviewed the onx maps on my phone and Garmin, all was good. I thought to my self it must be old. My dad of 72 years young stayed in the truck to read his book. He loves to go, but just cant get around.


I started across the rugged eastern Montana landscape making it about a mile. I had already noticed water and fresh tracks. Far more than I had seen thus far, when all the sudden I hear a truck horn going off. I turned around from the direction I had come from, using my glass I could see another truck had pulled into the parking lot. A man was standing outside of the truck reaching in honking the horn. He waived his arms up and down several times. I honestly could not even imagine what was going on. The man walked over to my truck, walked around the back of the truck looking in, I began to get pretty upset. He peered in the window where he seemed to be surprised to find my dad. They spoke for a minute then the man walked around the truck and took a photo of my license plate. He then got in his truck and took off.


As I walked back to my truck I reviewed my saved tracks on my GPS, all good, I have been on BLM since I left the county road. Upon arriving at my truck I noticed the man returning with his truck and a UTV approaching. I spoke with my dad briefly where he stated the man said we where on private property. My dad (former retired police officer and Vet) clarified that he had pulled out his GPS to demonstrate that we where on BLM. The man mumbled about getting the owner and coming back. At that point I assumed the man in the UTV to be the owner. For the purpose of the story we will call him Dale.

Just to give you a small background, I have a lot of experience and training in conflict resolution. As a result I choose to take the apologetic high ground to begin the conversation. To keep the story semi short I will very much summarize what was an overall 20 minute back and forth with Dale and the other man who turned out to be an out of state hunter that Dale was hosting. He first stated that we where on private property and basically trespassing. As I pulled up the map and showed it to him he turned the conversation into that BLM is still his private property because he pays "millions in taxes on it". As I questioned that and debunked his statement again, he rolled his case into a "notification" plea. Stating that you have to find the land owner of the BLM and get permission. Again, I debunked, stating the difference between block management and BLM. It doesn't take a genius to pickup on the pile of *!! that Dale is laying down. He attempts several times to divert the conversation away from the current topic making claims that the neighboring property owner is guiding on his property. As I refocused the conversation the out of state hunter made a statement the put light on the situation. He stated with a question mark all over his face while pointing at my GPS "so, you can see on your map this is public lands?". It was at that moment I realized that Dale had probably failed to explain to his out of town guest, totaling 7, that this was public lands. The poor guy honking the horn and taking pictures of my plate was probably none the wizer and felt like he was protecting Dale's interest.

So, at this point I begin to take the conversation way into the offence side of discussion. Questioning him about guiding guest, asking if he was an outfitter. Asking him if these 7 guest where paying him for access to the BLM. Dale became very uncomfortable at the questions. I began to wrap up asking about if they are hunting deer or elk. Dale took a quick glance at the hunter almost as to confirm the answer " a little of both". I felt this was a little weird because he told my dad that they had filled all the tags. At this point Dale seem to admit that it was BLM and public land but took a last ditch effort at making his case by stating the truth is " I don't think it is safe to have anyone hunting on my piece with 7 others in their.

I will admit at that point I basically lost it. He could have just apologized and I would have walked away; but no, he tells me he is worried about my safety. I explained that there are dozens of hunters on a pieces this size all over the CMR. There is a hunter on every point of every ridge everywhere you go. I through up my hands, loaded my stuff and left.


Fast forward to me standing in the Fire BLM office in Jordan Mt. I looked over the map that they had on the wall when I notice Dale had a large ranch and I mean a large ranch adjacent to this chunk of BLM and State. All that property to hunt on and he is fighting over public access. At that point I knew I need to take further actions. I got the number for the Game Warden, outfitter's association and the BLM ranger out of Miles City.


So here is the question. Am I taking this to far? Is this a normal practice anymore?


Here are some additional thought on my hunt in the 700:


Great hunting with tons of BLM to access. That being said the fish and game made a mistake around the time of the draw and sent all those that applied for the bow tag a 700 rifle either sex tag followed up with a letter a few days later telling those the trash the tag. Umm how many of them do you think through them in the garbage. How do I know this, well my wife an two kids where sent one. They looked just like my tag. Also, I spoke with several landowners that said the same thing. Fact is there where more people looking for Bulls than deer.

Well eventually I did get a small 6 point bull. It took quiet a few days to find something other than a rag horn that wasn't on private land. I will advise any and all that draw the tag to get in shape. The map is the only thing that is flat over there. The mud will make each boot about 25 pounds and people will be everywhere.

Thanks for listening

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If it were me I'd probably follow up on the matter and at least report your interaction to F&G, and let play out however it will.

Public is Public and this guy needs to realize it.
 
That being said the fish and game made a mistake around the time of the draw and sent all those that applied for the bow tag a 700 rifle either sex tag followed up with a letter a few days later telling those the trash the tag.

You just can't make this shit up. My god.
 
You're not taking it too far.

But, small six point? We must have different definitions of small.
My thoughts as well!

To the OP; I'd also find out which BLM office administers grazing in that area and find out if "Dale" has a grazing permit. The following:
(7) Interfering with lawful uses or users including obstructing free transit through or over public lands by force, threat, intimidation, signs, barrier or locked gates;
is a prohibited act for a grazing permittee/leasee and possibly subject to civil and criminal penalty. Specific citation is 43CFR4140.1(b)(7).

https://www.gpo.gov/fdsys/pkg/CFR-2...FR-2004-title43-vol2-part4100-subpart4140.xml
 
Nice bull!

I'd pressure that dude hard.

I can't believe (well I can) that the F&G wouldn't follow up on the tags being sent out a little more than just sending another letter. I would think they should have contacted each person and verified they understood their tag was not valid.
 
Pursue this and do whatever you can to nail Dale to the wall in any way you can. You will be doing a service to public land users across the country and in Montana.

That's a nice bull, and I am sorry that $#hithead gave you grief.
 
If this stuff goes unreported it will become the status quo. Government agencies aren't going to actively enforce the rules if nobody cares to report it. Thanks for doing your part.
 
ozmontana

Did good. Keep after it. Hope you recorded on your phone.

My biggest issue is BLM self contained within private. My issue, not yours.

Always, if you are wronged, complain. Your the man and THANK YOU.
 
Great bull. As a landowner, he can outfit on his deeded land with no license required. However, once he starts outfitting on adjacent public lands, he must be licensed as an outfitter with the state of Montana. If he is telling you public land is private in an attempt to keep you from legally hunting, I would pursue it to the fullest extent possible.
 

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