Afederal judge ruled Friday that four Missouri hunters did not trespass when they corner crossed and passed through the airspace above Fred Eshelman’s Elk Mountain Ranch.

Chief U.S. District Judge Scott Skavdahl granted the hunters’ request to dismiss most of Eshelman’s lawsuit that claimed the men trespassed and caused more than $7 million in damages. The men corner-crossed in 2020 and 2021 to hunt public land enmeshed in Eshelman’s 22,045-acre ranch.

Corner crossing involves stepping from one piece of public land to another at the common corner with two pieces of private property, all arranged in a checkerboard pattern. Corner crossing avoids setting foot on private land.

The ruling has implications for public access to 8.3 million acres of “corner locked” public land in the U.S. The hunters argued that the federal Unlawful Inclosures Act of 1885 prevents Eshelman from obstructing access across the corner.

more:
https://www.msn.com/en-us/news/us/j...8971cd80c947d9abbb466a6da55036&ei=82

I know there's been fairly heavy debate about this previously here on THF, but I agree with this ruling. At least initially. It's hard to imagine public land, owned by tax payers, without public access, actually being public.

Hmmmm....things are going to get interesting.
Adios,
Gary

Thanks for the update. I was curious how this might turn out.

How on earth could they have $7.75 million in damages?

I don't think this will affect others states unless they appeal, the LO, and lose at the higher federal level.

Good win though in Wyoming.

They can't.

It's

Yep. That was the ruling I was hoping for. They did nothing wrong.

Ego and the fact that they interfered with them making money off selling private hunts on public lands.

"The judge’s ruling did not address the disputed allegation that one hunter, Zach Smith, did set foot on ranch property at a spot well removed from one of several contested corners. A digital “waypoint” that Smith created in 2020 on the onX hunting app is located on Eshelman property."

I'm pretty sure OnX let them know persons can drop waypoints without ever stepping on the property. Way points do not mean you were in that spot.
They were found not guilty of trespassing by a jury in Rawlins.
This was civil trespass for damages, again not guilty.

I see both sides.

image the author probably doesnt know a track from way point. I originally read track. Regardless doesnt look like County is interested in pursing it.

the actual legal complaint was deprecation, as it would cause an influence in traffic over the ranch and interrupted operations…

it was a hell mary hoping for a settlement or pro land right judge

So, exactly what I said.

Happy with the verdict. Landowners being dicks even if the hunters did actually step onto their land.

JR

get your land trashed out and fenced busted up and then see how open you are to corner crossing, or worse what until you have to spend 100k’s fighting prescriptive easements across you back yard that you didnt even know existed. Or have to spend 100k on maintaining your private roads for public use..

two sides to every coin

Comments like this are why nobody can access the public land on my three fence lines unless they want to get a helicopter.

I can see your point if that was the case but many of these corner crossing issues occur in free range properties that have no fences.

Stop whining!

I have the problem and its not whining. My land has big electrical transmission lines running across it. I don’t live there. People have crossed the locked gates 2 places away and wound up on my land. One bunch was armed and said they were carrying the shotguns and 22 rifle for protection from snakes. I explained that they were on private property and they disagreed. I left, went a little ways and called the Sheriffs office. They came out, explained to the bunch that they were trespassing. Then, escorted them back to their vehicle. BTW, they were over a mile from any public road and had crossed 2 locked gates.

I have found lures hung up in brush in my ponds and footprints in mud.

I have found leg hold traps, box traps, ejected brass, etc.

Whining?

It's astounding how many people think a utility easement is public land. I've met highly educated, professional people that think it's their "green space" to do what they want. Several years ago some members on here thought I should let whoever just walk across my property.

I’m not whining my example is in reference to Idaho tough guys that a few years ago threatened to burn down Wilks Brothers ranch up there , because they closed it down due to the public BS

I have no need or want to corner cross. Its a respect thing, plenty of public land where you dont have too.

I studied the case pretty in depth and I can’t say I side with the landowner. Anyone who is familiar with western properties know a landowner can control tens of thousands of acres of public land while only holding a deed to a few thousand. So double edged sword here….it would be nice to have thousands of acres of landlocked public land inside my fence, but on the other hand it’s owned by the public, so if it’s public land it should have a way for the public to access it. If public can’t access it landowner should have to purchase it at 1/2 the market value of the land.


Went pretty far as the ranch foreman harassed the hunters as well as the local Sherrif siding with the LO even when he knew he was in the wrong.

Just a question here...

What would be the difference in flying onto this type property w a helicopter vs say bringing something like a small trampoline and jumping from 2 feet one side to 2 feet the other side?

I know its a dumb question but it does seem be a splitting hairs type issue to begin with