APPENDIX C 



LEGAL CONSIDERATIONS OF BLOCK HUNTING ON 

 PRIVATE PROPERTY FOR A FEE 



Prepared for Joint Interim Subcommittee on 

 Agricultural Problems 



By Gregory J. Petesch 

 Director of Legal Services 

 Montana Legislative Council 



September 1986 



Research has been requested on the possible legal 

 concerns arising out of a state-administered block 

 hunting program, in which a group of private landowners 

 would authorize hunting on their property in exchange 

 for a fee. There seem to be three major areas of 

 concern: 1) General Propriety; 2) Liability; and 3) 

 Professional Licensing. I will address each of these 

 areas of concern in turn. 



General Propriety 



The ownership of wild animals is in the state, held in 

 its sovereign capacity for the use and benefit of its 

 people. Rosenfeld v. Jakways , 67 M 558, 216 P. 2d 

 (1923). Montana recognizes both sovereign ownership 

 and the police power as ample bases for wildlife 

 regulation. St. v. Jack , 167 M 456, 539 P. 2d 726 

 (1975) . The exclusive right of hunting or fishing on 

 land owned by a private individual is in the owner of 

 the land, or in those who do so by permission as his 

 guests or by his grant. Herrin v. Sutherland , 74 M 

 587, 241 P 328 (1925) . In Montana Coalition for Stream 

 Access, Inc., v. Curran, M , 684 P. 2d 1088 



