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Lawsuit seeks to “cement legality” of corner crossing in Montana

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Lawsuit seeks to “cement legality” of corner crossing in Montana


HELENA — A group of conservation advocacy organizations are suing the State of Montana to “cement the legality of corner crossing” in Montana.

On Thursday, Backcountry Hunters and Anglers and the Public Land and Water Access Association filed a lawsuit against Montana Fish, Wildlife and Parks in Lewis and Clark County District Court.

The legal action comes one day after Lt. Gov. Kristen Juras, a Republican, addressed the Montana Environmental Quality Council about corner crossing. 

(WATCH: Lt. Gov. Juras discusses corner crossing with Montana lawmakers)

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Montana elected leaders discuss “corner crossing”

Corner crossing is the act of stepping from adjoining corners of public land without stepping on the adjacent private land.

While there is no state law or case law directly addressing corner crossing in Montana, FWP, under the Gianforte administration, has stated that corner crossing remains unlawful in Montana, and people should obtain permission from the adjoining landowners before crossing corners. Wardens have been instructed to use their discretion to cite individuals for trespassing if caught corner crossing.

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The new lawsuit argues that FWP policy on corner crossing is “incorrect and unlawful.”

“Though not an attack on the agency overall, as both BHA and PLWA are currently defending FWP as intervenors in separate litigation, we fundamentally disagree with the Department on this issue and believe this must now be decided before a neutral court,” said Jake Schwaller, Chair of the Montana Chapter of BHA, in a press release. “There comes a time when we simply need to stand up for our public land, and this is our time.”

MTN News

Ladder used by the hunters in Wyoming corner crossing case

The plaintiffs in the case say they had met with FWP several times about corner crossing, but believe the lawsuit is their path forward to resolving the debate.

“Montanans deserve clear, consistent guidance on how they can access their public lands,” said Alex Leone, Executive Director for PLWA, in the press release. “There is a commonsense path that respects private property while ensuring public lands aren’t effectively blocked. We’ve worked in good faith to find that solution and remain ready to do so.”

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CLICK HERE TO READ THE FULL COMPLAINT

According to data from onX, there are around 1.5 million acres of public lands locked behind private property in the Treasure State. About 871,000 acres of public land in Montana is “corner locked.”

Much of the recent debate on corner crossing has followed developments last year in a Wyoming corner crossing case.

(WATCH: Corner Crossing in Montana explained)

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Corner crossing in Montana explained

In October, the U.S. Supreme Court declined to hear an appeal from the 10th District Court of Appeals on Iron Bar Holdings v. Cape. The case stems from a land access dispute in Wyoming. In 2022, the ranch, owned by pharmaceutical executive Fred Eshelman, sued a group of hunters who used a ladder to corner cross onto public land that was locked in by Eshelman’s property. The suit alleged that the hunters trespassed when they passed through the airspace over the private property.

A federal district judge agreed with the hunters, stating that nothing they did violated federal law. When the 10th District Court of Appeals took up the case, it ruled a property owner could not create an obstacle that would limit free passage over public lands.

Since the Supreme Court did not take the case up, the ruling effectively became case law. However, that ruling only impacts states in the 10th Circuit; Montana is in the 9th Circuit.

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MTN has spoken with several lawyers, including a prosecutor, about the issue of corner crossing. They agreed to provide background as long as it was off-camera due to the clients they represent. The consensus from the lawyers was that most county attorneys don’t pursue corner crossing trespassing cases.

Juras also testified before the EQC that she was not aware of a true corner crossing trespass case that had gone to trial.





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Montana Republican Party called on to end GOP fighting • Daily Montanan

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Montana Republican Party called on to end GOP fighting • Daily Montanan


Some Republicans believe results of the legislative primary mean it’s time for the Montana Republican Party to mend an intraparty fight and move in a new direction.

Rep. George Nikolakakos, R-Great Falls, even said GOP Chairman Art Wittich should step down.

“What he has done is divided the party, created a war, and now we’re basically in shambles, putting Humpty Dumpty back together again,” said Nikolakakos, who won a primary race over current Public Service Commissioner Randy Pinocci with 68%.

This week, some heavyweight conservatives that earned the ire of the Montana Republican Party secured victories in state legislative primaries — but not all.

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Republican Reps. Llew Jones of Conrad, David Bedey of Hamilton, and Nikolakakos of Great Falls won their Senate primaries, and Rep. Brad Barker of Red Lodge did so in the House.

But the state GOP also saw some Republican incumbents it had sought to remove ousted. Those include Sen. Shelley Vance, among a group of GOP senators that collaborated with Democrats in the Senate in 2025.

In red Montana, primaries can be decisive races in many legislative districts.

Winning candidates at odds with the state GOP said they crossed the finish line in the primary despite bruising campaigns, significant pressure from the state GOP and Wittich, and hundreds of thousands of dollars in attack ads.

But Wittich said Democrats tried to improperly influence Republican primaries, and the state GOP fought Republicans who didn’t push back and will continue to fight that influence through the general election.

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“This was unprecedented. We gave them the opportunity to reject that interference, and instead of rejecting it, Brad Barker told me to go to hell,” Wittich said.

Wittich also said it isn’t surprising to see sitting lawmakers such as Jones and Bedey win given they’re known names, and he rejected the idea he should turn over the reins.

He may double down.

“If anything, I’m going to accelerate this process of looking at legislators’ votes and making sure they account when they are voting to weaken Republican leadership, voting to weaken Republican policies, and voting to weaken the Republican party,” Wittich said.

State GOP ‘message to purge fell flat’

In some cases, Republicans who pushed against their own party said they were helped when voters took offense at smear tactics. They said it took punch and persistence to counter unrelenting attack ads.

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“The more people fought, the better they did,” Nikolakakos said.

Wednesday, Nikolakakos said Wittich’s attempt to take control of the party failed, as did the costly ads by the GOP and outside groups.

“They savaged me,” he said.

In 2025, nine Republicans in the Senate worked with Democrats as an ad hoc majority of 27, marginalizing a more conservative faction of Republicans.

That sometimes fragile coalition helped steer significant legislation including residential property tax relief — albeit a controversial version that landed in court.

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Primary outcomes mean in 2027, the Senate could operate with a similar working majority of 26.

Wittich was elected chairman in June 2025 with a mission to further deepen the shade of red in Montana, but Nikolakakos said he ran his race bucking the idea he needs to bow to the state GOP.

“With my first speech on the Senate floor, I’m gonna call him (Wittich) out and remind him I do not work for him, that I work for the people of my district,” Nikolakakos said.

Jones, in his 10th election for the Montana Legislature, said he’s never seen more falsehoods in a campaign, and he’s glad the primary is in the rearview mirror.

The chairman of the House Appropriations Committee has shaped the state budget and was a top state GOP target.

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In some cases, Jones, of Conrad, said the smears from outside groups offended voters that supported him and helped turn people out. Jones beat Rep. Zach Wirth, elected in 2024, by 4 points.

“Chair Wittich’s message of purging those who don’t swear fealty to the platform on his biggest targets didn’t work,” Jones said. “It fell flat.”

An ‘existential threat’ to the state GOP

Wittich earlier said the state GOP wanted to root out Republican candidates who were actually more aligned with Democrats.

To that end, the state GOP targeted some Republican lawmakers it viewed as out of step with its platform, including Nikolalakos, Jones, Bedey and Barker.

Bedey edged out his GOP opponent with just 51% of the vote in red Ravalli County, and Barker pulled in 64% of the vote in Carbon County.

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Wittich said in general, incumbents largely win, so wins by known lawmakers in this primary shouldn’t be considered a rejection of the state GOP. But he said the GOP’s message isn’t about individuals.

“This is an existential threat to the Montana Republican Party, and we had to speak with a clear and loud voice to reject that interference,” Wittich said.

Among the wins for the state GOP was the ousting of Vance, of the Belgrade area, and defeat of the challenge by Sen. Jason Ellsworth in a House race hundreds of miles from Hamilton, where he’s lived and held a Senate seat.

Vance and Ellsworth were two of “The Nine” senators who broke with party leadership in 2025 to work across the aisle and pass major bills, leading to admonishment by the state GOP.

Ellsworth, who was all but removed from office last session, lost to Montana Freedom Caucus Chairman Jerry Schillinger, of Circle, who had support from the state GOP and bested Ellsworth with 86% of the vote.

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Vance, the only member of “The Nine” seeking reelection to the Senate, lost to Rep. Caleb Hinkle by 48 points. Hinkle, in the Legislature the last three sessions, is backed by the state GOP.

Finley Warden, who bested incumbent Rep. Linda Reksten with 65% of the vote, said he rejected the idea a split exists with Republicans — he said some candidates use the GOP label to win but are “fake Republicans.”

Warden, on a state GOP Honor Roll, said talking to Republican voters at a grassroots event in nearly any part of the state is evidence.

“They will tell you that they want true conservative Republican representatives that actually follow through on the things that Republicans promise,” Warden said, pointing to smaller budgets as an example.

Into the general election, legislative session

Even staunch conservatives such as Speaker of the House Brandon Ler, of Savage, and the state GOP’s own vice chairperson, Stacy Zinn, of Billings, failed to earn the party’s nod in the Honor Roll it released in April. But they won Tuesday.

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Wittich said he wasn’t on the committee that named Honor Roll candidates “supporting Republicans.

But he said it’s possible Ler, as speaker, was held to a higher standard, given the Democrats at the end of the 2025 session said “they got everything they wanted.”

Ler, who could not be reached for comment after the primary, won with 56% of the vote.

Wednesday, Zinn said her opponents tried to cast her as a “malcontent,” but she said asking questions doesn’t mean you’re not a team player.

She also said it’s time to reevaluate the Honor Roll and the strategies of the state GOP and end the fragmentation. Zinn won with 61% of the vote.

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“I can tell you right now people (Republicans) are not going to be Kumbaya initially, but it’s time to put the voters and constituents first,” Zinn  said.

Editor’s note: Reporter Micah Drew contributed to this story.



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Montana Supreme Court Decides International Child Custody Case – Transnational Litigation Blog

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Montana Supreme Court Decides International Child Custody Case – Transnational Litigation Blog


Image by Clker-Free-Vector-Images from Pixabay

The Uniform Child Custody Jurisdiction Enforcement Act discourages forum shopping in child custody disputes by assigning subject-matter jurisdiction to the court located in the “home state” of the child. In Allen v. Allen, decided on April 21, 2026, the Montana Supreme Court had to determine whether the child’s “home state” was Montana or the Netherlands. This case shines an important spotlight on the importance of timing in international child custody disputes. The left-behind parent’s likelihood of success is strongly correlated with how quickly he or she acts to vindicate their legal rights.

Facts

Jonathan Edward Allen (Father) and Petronella Gerline (Van Oosterom) Allen (Mother) were married in Colorado in 2009. Father is a United States citizen. Mother is a dual citizen of the United States and the Netherlands. Their child (R.A.A.) was born in 2015. In 2020, the family moved from Colorado to Montana.

In August 2023, after Father and Mother began having marital difficulties, Mother and R.A.A. relocated to the Netherlands. In February 2024, Mother filed a petition for divorce and custody with the District Court of Central Netherlands (Netherlands District Court).

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In January 2025, Father filed a petition with the District Court of The Hague seeking the return of R.A.A. pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. This petition was denied. Although the court held that R.A.A. had been wrongfully removed from the United States, the court reasoned that the one-year automatic return period had passed and that R.A.A. had become settled in her new environment in the Netherlands. This decision was affirmed on appeal.

In September 2025, Father filed an Emergency Motion for Temporary Custody and Petition for Permanent Parenting Plan in Montana state court. That court dismissed the petition on the grounds that it lacked subject-matter jurisdiction. Specifically, it held that it lacked the power to adjudicate the dispute because Montana was no longer the “home state” of R.A.A. Father, acting pro se, appealed to the Montana Supreme Court.

Analysis

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) assigns exclusive subject-matter jurisdiction to courts located in the child’s “home state” when it comes to matters relating to child custody. The “home state” is “the state in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding.” The UCCJEA specifically provides that courts “shall treat a foreign country as if it were a state of the United States” for purposes of resolving these disputes.

On the facts presented in Allen v. Allen, the Montana Supreme Court correctly held that it lacked subject-matter jurisdiction to consider Father’s emergency motion. Mother and R.A.A. relocated to the Netherlands in August 2023. Six months later—in February 2024—R.A.A.’s home state shifted to the Netherlands. The Dutch courts—rather than the Montana courts—now had exclusive subject-matter jurisdiction to resolve custody disputes involving R.A.A. Father did not file his motion in Montana until September 2025, which was nineteen months too late.

Conclusion

If Father had filed his suit in Montana before February 2024, he could have shown that Montana was R.A.A.’s “home state” because the child had not yet resided in the Netherlands for six months. The suit was, however, not filed until September 2025.

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If Father had filed suit in the Netherlands before August 2024, he could have argued that R.A.A. should be returned to the United States pursuant to the Hague Convention on the Civil Aspects of International Child Abduction because the child had not yet resided in the Netherlands for a year. The suit was, however, not filed until January 2025.

The key takeaway of Allen v. Allen is the need for speed in international child custody cases. The timelines baked into the relevant laws and treaties mandate that the left-behind parent move quickly to assert their rights. If they are slow off the mark, they be forced to litigate in foreign courts under less favorable legal rules.



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Clark Fork River remains central to Missoula’s identity, conservation groups say

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Clark Fork River remains central to Missoula’s identity, conservation groups say


The Clark Fork River has long been a defining feature of Missoula, shaping the city’s culture, economy and outdoor lifestyle.

The river is so closely tied to the area that it helped inspire the well-known book and film “A River Runs Through It.” But local conservation advocates say its importance goes far beyond scenery.

“Without the Clark Fork River, Missoula would just be another town,” said Lisa Ronald, Northern Rockies associate conservation director for American Rivers. “We wouldn’t be the River City. I think we’re known in Montana as Missoula the River City, and it’s really because of the Clark Fork River and its central role in business, in economics, in recreation, that really makes Missoula the town that it is.”

Carmen Murill, a field organizer with Wild Montana, said the river is deeply woven into daily life for people who live in Missoula.

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“A lot of us would wonder what to do on a beautiful or a rainy summer day,” Murill said. “I mean, it’s really a lifeforce of town. And I think it’s pretty unique that Missoula, as a community is living and breathing on both sides of the river. It’s really like two downtowns but connected by the Clark Fork.”

Conservation groups say protecting the river begins with community involvement.

Advocates encourage residents and visitors to spend time outdoors, whether on a trail, in the woods or along the river, and to learn how they can become better stewards of the environment.



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