"Corner Crossing" to Access Public Land

[Steve-o]

This looks to be an interesting and important case.

The Wyoming Corner-Crossing Lawsuit Is Headed to Federal Court, Where a Ruling Could Affect Public Access Across the West

Chief U.S. District Judge Scott W. Skavdahl has ordered that the civil suit related to the Wyoming corner-crossing case involving four Missouri hunters be transferred to a federal court, where federal laws favoring public access may have a greater influence on the decision, WyoFile reports. The motion places the issue of corner crossing even more squarely in the national spotlight, allowing a federal jury to decide on the legality of a complex and controversial issue that has dogged hunters in the West for decades.


A BLM map shows the checkerboard pattern of federal (yellow), state-owned (blue), and privately owned (white) lands in Carbon County, Wyoming.

[Leech~~]

Minnesota and most states are checker bordered like this.  Not sure when they did this it may have been when the state became a state? 

[Steve-o]

So do you think people should be legally able to access "corner locked" public land by stepping from one corner of public land to the next theoretically without setting foot on private land?

[LPS]

Actually a pretty good question.  If they don't touch other land it should be ok.  BUT can you pin point the actually corner exactly?  If not you trespassed on someone elses land.

[Steve-o]

Modern GPS will get you darn close, but without a surveyor's stake in the ground you could never be 100% certain. 

If the federal courts rule in favor of granting public land access in this way, would they adopt a virtual easement? 

Which is to say, even though you do not know the exact spot of the boundary intersections, you still have a right to cross from one piece of property to the other because that spot DOES exist.

[roony]

What is to stop a private landowner from fencing his property in such a way that the corner cannot be accessed?

[Steve-o]

... or plant a tree right on the spot.

I would assume that if the courts rule in favor of the plaintiffs, land owners would be blocked from setting up boundaries for the sole purpose of prohibiting access or allow people making corner crossings to legally circumvent any obstacles erected by the private land owners.

In the original civil case, the public land corner-crossers knew the exact spot and went so far as to set up a step ladder on both sides of the public land to be certain they were not setting foot on the private owner's property.

This is a sticky case.  I'm curious to see how it will all turn out.

[Steve-o]

Hunters Who Challenged Wyoming Corner Crossing Rules Found “Not Guilty” of Criminal Trespassing

A civil suit being brought against the hunters still looms in federal court...

While this ruling is certainly a victory for the four hunters and public land hunting advocates who have been watching this issue closely, a civil suit still looms in federal court. Iron Bar Holdings argued that the men “committed a civil trespass” and is seeking reparation for civil damages.

“Iron Bar Holdings has a right to exclusive control, use, and enjoyment of its Property, which includes the airspace at the corner, above the Property,” wrote prosecutors in the civil suit.

The Wyoming chapter of BHA helped start a GoFundMe account for the four hunters. The effort raised more than $70,000 to cover legal fees in both the criminal and civil cases. But still, Webster and the Wyoming chapter of BHA say they hope there will be a fair and balanced outcome

“Private landowners have a lot of reasons to be concerned and we definitely understand that,” says Webster. “For us, we want to find a solution that avoids an arms race that would lead to an all or nothing decision. Our hope is that we can look at this situation and learn from it and maybe come together and have some real conversations about it in the coming months and years.”

[Pulleye16]

At least conner crossing is legal in MN.

This would open so much land out west. Excited to see if this brings changes.

[roony]

As a landowner who has seen a lot of trespassing I have mixed feelings about this.

[Steve-o]

I can see both sides of the issue.

We are lucky in MN to have lots of easily accessible public land.

I've met many folks who have deer hunted the same patch of woods for years.  Sometimes they move on and someone else moves in.

Generally folks give each other a wide enough berth when trying to find a place to hunt deer.  Every once in a while you run in to an  -hole who things they "own" the public land and everything they can see in Mufasa like fashion.