4, part 5, MCA, so there seems to be no impediment to 

 establishing block hunting areas in which a fee is 

 charged for access. 



Liability 



There are two potential areas of liability involved in 

 a state-administered block hunting program — the 

 liability of the state and the liability of the 

 landowners. Potential liability of the state would be 

 determined by how the block hunting plan was 

 implemented. The duties and responsibilities of the 

 state under the scheme would determine potential 

 liability. Landowners' potential liability would be 

 determined according to the traditional rules setting 

 forth a property owner's duty of care. Historically, 

 there have been three classes of people using private 

 land — trespassers, licensees, and invitees. The 

 landowner had a separate standard of care towards each 

 class. The duty imposed upon a property owner in 

 Montana is dependent on the status of the injured 

 party, either invitee, licensee, or trespasser. 

 Rennick v. Hoover, 186 M 167, 606 P. 2d 1079 (1980). 



The duty owed to a trespasser is not to injure him 

 intentionally or wantonly. This standard would hold a 

 landowner liable for acts of omission or commission 

 disclosing a reckless disregard for the safety of 

 others. McLaughlin v. Bardsen , 50 M 177, P. 954 

 (1915) . A criminal trespasser in Montana is one who 

 enters land which is posted or after the landowner has 

 denied permission. See 45-6-201, MCA. Section 

 87-3-304, MCA, requires that a hunter obtain the 

 landowner's permission before hunting big game animals 

 on private property. 



