BLM on two corners with Private on the other two, ok to cross corner?

ODB

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I can’t imagine them citing every airplane pilot and government satellite operator that flies overhead…

Hop the corner.


Have a read:

 

Bighorner

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The leo sheep company ruling was a physical road that was built at a corner crossing, not crossing by foot. To my knowledge the height above the ground to not be trespassing has not been defined. It is assumed one foot is too low and a drone at 400 feet is high enough, but the actual feet above surface has not been set.
 

ChrisAU

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Have a read:


Yeah that organization can suck it. The only argument against corner hopping is for neighboring landowners who want to use public land like it is part of their private property.
 
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Have a read:

The United Property Owners of Montana would have a pretty big stake in calling that tresspassing though. Where are the legal cases that say you can't travel on foot across the corner? Where is the law on the books?

Most of the cases they cite are either 1. Airspace, which has no bering on a corner since you wouldn't be on their land anyways or 2. Building a road on the corner, which is much wider and would encroach on private property.
 

ODB

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The United Property Owners of Montana would have a pretty big stake in calling that tresspassing though. Where are the legal cases they say you can't travel on foot across the corner? Where is the law on the books?

Most of the cases they cite are either 1. Airspace, which has no bering on a corner since you wouldn't be on their land anyways or 2. Building a road on the corner, which would violate the point in the ground on each side.


You are missing the point on the airspace... since the actual point between the two pieces of public land are the size of this period . , your body would HAVE to violate airspace over private land because your body is bigger than a . .


Now... in this postmodern world we live in, maybe we could identify as not inhabiting physical space for the fraction of the second needed to cross the corner...
 
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You are missing the point on the airspace... since the actual point between the two pieces of public land are the size of this period . , your body would HAVE to violate airspace over private land because your body is bigger than a . .


Now... in this postmodern world we live in, maybe we could identify as not inhabiting physical space for the fraction of the second needed to cross the corner...
Ok sure, but they are missing the point that I can transit my airplane over your property all day long without it being a trespass. If it wasn't, then no one could fly anywhere. My body is not regulated by FAA, so I can be lower than 500ft AGL, and I'm not interfering unreasonably with the possessor’s enjoyment of the surface of the earth and the air space above it by jumping the corner.

Again, where's the case law, or regulation that says I can't transit that corner?
 

11boo

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Seems like this would be a great thing to bring to a public vote. If the wolf lovers can convince the general public we need wolves in Colorado, why can’t we convince them that they should be allowed to access public property that land owners use as their own, free land.
No kidding. We got legal weed and wolves from the public. This would be a slam dunk.

The CPW guy I spoke with said there was no way to cross a corner fence without touching the private. He also said there was no statute pertaining to corner jumping, and it fell under trespassing. Big crock of BS in my opinion.
 

Ucsdryder

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No kidding. We got legal weed and wolves from the public. This would be a slam dunk.

The CPW guy I spoke with said there was no way to cross a corner fence without touching the private. He also said there was no statute pertaining to corner jumping, and it fell under trespassing. Big crock of BS in my opinion.
Follow the money…
 
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No kidding. We got legal weed and wolves from the public. This would be a slam dunk.

The CPW guy I spoke with said there was no way to cross a corner fence without touching the private. He also said there was no statute pertaining to corner jumping, and it fell under trespassing. Big crock of BS in my opinion.
Yeah, that's probably what they would cite you for, the real question is would it hold up in court and who wants to test it out? :D
 

ODB

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so no flying in an airplane over private land?

You guys are asking the messenger. I'm just relaying what the SC has said and what landowners hinge their claim on:

1. Landowners have exclusive control of the airspace above their property.
The controlling U.S. Supreme Court case is US v. Causby (1946), which concerned planes descending to low elevations over private property. The US Supreme Court held that there was a taking of private property by occupying the airspace immediately above the property:

“If the landowner is to have full enjoyment of the land, he must have exclusive control of the immediate reaches of the enveloping atmosphere. Otherwise buildings could not be erected, trees could not be planted, and even fences could not be run” . . . Thus, a landowner “owns at least as much of the space above the ground as he can occupy or use in connection with the land,” and invasions of that airspace “are in the same category as invasions of the surface…However, it seems to be the consensus of the holdings of the courts in this country that the air space, at least near the ground, is almost as inviolable as the soil itself.”
 

ODB

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No kidding. We got legal weed and wolves from the public. This would be a slam dunk.

The CPW guy I spoke with said there was no way to cross a corner fence without touching the private. He also said there was no statute pertaining to corner jumping, and it fell under trespassing. Big crock of BS in my opinion.

just remember the enemy of your enemy is not your friend. You enlist some leftists in the hopes of expanding hunting opportunities and you’ll end up with access for all purposes except hunting.

do not lack the imagination to see how the left can play their game within yours.
 

ODB

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Chief game warden in Wyoming laughed when I asked about the airspace.
Do what you want, I cross and so do others.

Well, if you support the idea of federalism you’ll have to accept things are different state by state and when in Rome…
 

Bighorner

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“owns at least as much of the space above the ground as he can occupy or use in connection with the land"

those are the key words with regard to air travel
 

Bighorner

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Here is the opposite argument. Suppose I am the land owner and I want to cross BLM to get to my other checker boarded property. Can I just put a two track in across that BLM to access my property?
 
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To answer your question OP, here in Colorado, I would cross if there was no fence only at the corner. If there was a fence, I would still cross and live with the consequences.
 

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