Wyoming Corner Crossing Case Favors Public-Land Hunters
A recent civil case in Wyoming provides a crucial benchmark for ongoing conflicts surrounding access to corner-locked public lands.
Sport Hawk | 6.29.2023
A federal judge last month ruled in favor of four Missouri hunters charged with trespassing for using a step ladder to cross over a corner boundary between public and private lands in Wyoming. The private lands are part of sprawling Elk Mountain Ranch, which is owned by pharmaceuticals executive Fred Eshelman of North Carolina. His ranch encompasses 27 parcels of state and federal lands totaling more than 11,000 landlocked acres.
Wyoming statute prohibited hunters from crossing private-land corners without the consent of adjacent landowners. In the recent civil trespassing case, the ranch owner sought a jaw-dropping $7 million in damages.
According to the non-profit news service WyoFile, attorneys for the out-of-state hunters argued that preventing access across common corners violates the 1885 Unlawful Inclosures Act, which prohibits private landowners from blocking access to public lands.
This ruling has implications for hunters and outdoor enthusiasts in other states where a checkerboard pattern of land ownership exists. Colorado, Montana, and numerous other states have interlocked public and private lands that call similar rights into question.
In many cases, the “airspace” at the intersection of these checkerboard corners has been the focal point of conflict. While some argue that this airspace is part of the public domain and should be accessible to hunters, others contend that it falls within the realm of private property rights.
The Wyoming decision in favor of corner-crossing hunters could be a significant step toward resolving these conflicts. However, the issue of airspace remains ambiguous. Further clarification will be required to strike a fair balance between public land users and private landowners.
For further reading:
WyoFile
“Judge Rules in Favor of Corner-Crossing Hunters”
Outdoor Life
“Public Land Hunters Win Corner Crossing Case in Wyoming”
The Colorado Sun
“Colorado Corner-Crossing Property Legislation Poised for Comeback Following Wyoming Ruling”
The New York Times
“It’s Public Land. But the Public Can’t Reach It.”
Field & Stream
“Wyoming Judge Rules in Favor of Corner Crossing Hunters”
Photo | A screen shot from the Wyoming Game & Fish Department’s Hunt Planner map shows the awkward checkerboard pattern of private and public land.
