Don’t you think the suit location is interesting?

“Eshelman needs the identity of the J. Doe behind the fake email address to sue him or her in Germany and India for defamation, according to papers filed in U.S. District Court in the Northern District of California, San Jose Division.”

Regardless of ownership; if a travel easement has not been established and recorded, crossing private land is trespassing. If access to Federal land needs to be established, it is not the responsibility of the private land owner to initiate such an easement. The description of the easement is very specific; if it used for any other purpose, the private land owner can immediately reclaim the land (by fencing, ect.). It will then take court order to re/establish
the access; which will be scrutinized if the judge is not bias.
In the case of retrieval: it varies everywhere. In Texas, Game Officials will not force owners to allow access. In California, the law dictates that recovery of game is mandatory if possible. I’ve called Fish & Game, and they escorted me one time when the owner refused me access.
If you give corner-crossers an inch, it will become a foot; then, a foot becomes a yard; a yard becomes a mile; ect. Very important for owners to “nip it in the bud” because un-objected access over time, and change of hands in ownership can create a “conditional use” or “grandfather” clause which can be difficult to defeat in court.

Should corner crossing be considered trespassing and illegal?

That would be a neat poll.

Fire one up.

Regardless of ownership; if a travel easement has not been established and recorded, crossing private land is trespassing. If access to Federal land needs to be established, it is not the responsibility of the private land owner to initiate such an easement. The description of the easement is very specific; if it used for any other purpose, the private land owner can immediately reclaim the land (by fencing, ect.). It will then take court order to re/establish
the access; which will be scrutinized if the judge is not bias.
In the case of retrieval: it varies everywhere. In Texas, Game Officials will not force owners to allow access. In California, the law dictates that recovery of game is mandatory if possible. I’ve called Fish & Game, and they escorted me one time when the owner refused me access.
If you give corner-crossers an inch, it will become a foot; then, a foot becomes a yard; a yard becomes a mile; ect. Very important for owners to “nip it in the bud” because un-objected access over time, and change of hands in ownership can create a “conditional use” or “grandfather” clause which can be difficult to defeat in court.

Fire one up.

I think the landowner in question may have his ranch operations such as cattle grazing on the public land that borders his property or ranch employees, guests or others leasing the land use the public land for their enjoyment. Could be hunting, fishing or just roaming around on said property.
If the land owner will not agree to allow some sort of corner crossing then the gov’t should post the land prevent any use what so ever for the land owner, his ranch activities (grazing) or ranch employees.
Prosecute them for criminal trespass. That gate can swing both ways.

I’m still mystified over the whole subject even after reading through the court information. My private personal opinions are clear to me.

Seems corner crossings for federal lands are ok according to the courts.

If I knew what I know now, 20 something years ago I’d have added a helicopter rating to my pilots license, acquired a Robinson, and along with a couple of friends, found some amazing federal land hunting, locked by private land.

He has a grazing leases, not exclusive use of the fed lands. He had no lease for hunting or recreation.
The enclosures act prohibits putting up anything that keeps folks off of public lands such as a high fence.
Courts rules that going over the corner and using a portion of the air space was not trespassing.

Turkey hunter Randy Newberg did the helicopter type hunts on landlocked private , you need a permit to land on federal I believe. Others have as well.
We had a local pilot landing on a state section to hunt it and the adjacent LO got the state to sell the landlocked section to them.

Who is crossing private land? Corner crossing is stepping from public to public.



Now I’m confused. We talking about airspace? Pilot just has to maintain proper AGL (above ground level) minimums based on what is on the ground (ie: populated areas; MOA’s; Livestock operations; AOA’s; ect.) Grazing is not considered a livestock operation.
Crossing public land parcel to another public land parcel? I don’t see what the issue is there.
I need to read article