Federal judge sides with hunters

[uhcoog1]

My understanding is if it got appealed (twice?) to the Supreme Court and is upheld based upon UIA, it sets precedent for every state. That is a long ways from where we are now though.

That would be outstanding if the Supreme Court picked up the case.

 

[mtwarden]

My understanding is if it got appealed (twice?) to the Supreme Court and is upheld based upon UIA, it sets precedent for every state. That is a long ways from where we are now though.

That's correct; the plaintiffs would have to first appeal to the 10th Circuit (Denver). To appeal they would have to have grounds to appeal. Appellate court is not a retrial, simply a vehicle to insure the proceedings were correctly conducted and the law(s) were applied correctly. Ditto if were to go further yet to the Supreme Court.

You can't appeal just because you don't like the outcome, they would have to provide evidence that the District judge erred.

I can't speak for other states, but given this ruling I'd be shocked if a Montana county prosecutor would even consider prosecuting a corner crossing case, especially considering they've never taken one even before this ruling.

 

[RMB518]

No they aren't. They want transferable land owner tags so they can sell them for big $$. None of them would be supportive of cow tags only.

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That may be but that has not been openly communicated or documented in the article.

They are asking for transferable land owner tag they get 2 max currently. They are not asking for more land owner tags.

For me it's wild to complain about too many elk on your land and be closed to opening it as a "walk-in" or permission slip area

 

[jmez]

The only reason they are complaining is because they can't sell enough hunts. The ranchers solution will not be widespread cow eradication. Juan Reyes basically said it in another article.

Putting transferable bull tags in landowners hands would stop all complaining immediately. It would do nothing to address the population issue.

I'm not anti rancher, live in ranch country and friends with a lot of them. Just calling a spade a spade.

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[Archer86]

Eshelman appeals corner-crossing loss to 10th Circuit - WyoFile

Elk Mountain Ranch owner challenges a federal judge’s decision that stepping through his airspace without touching private land is not trespassing.

wyofile.com

 

[RMB518]

This Eshelman character is pretty interesting he's so sue happy or his ego is so strong he's setting precedents left and right that end up benefiting public land users.

He is also sueing google to release the name of a person using a fake name that called him a shitty person.

This is all fascinating to me... a few people corner cross onto public lands and he bets the farm

 

[RMB518]

Ranch owner in corner-crossing case sues to unmask critic - WyoFile

After J. Doe said Eshelman ‘abused police resources,’ pharma magnate asked a judge to force Google to reveal critic’s true name.

wyofile.com

Link to cite stance above

 

[mtwarden]

He's got too much money and used to things always going his way. Hope he finds out that money won't always make things go your way.

 

[Newtosavage]

He's got too much money and used to things always going his way. Hope he finds out that money won't always make things go your way.

We should all be thankful for people like him tbh. LOL It was going to take someone exactly like this to solve this problem.

 

[jth7186]

We should all be thankful for people like him tbh. LOL It was going to take someone exactly like this to solve this problem.

He is literally his own worst enemy, Fafo.

 

[Newtosavage]

He is literally his own worst enemy, Fafo.

There are few things in life better than watching arrogant privileged people implode from their own stupidity. Gives me faith that from time to time, karma is real.

 

[Grousehntr]

So is the result of this case hinging on the fact they used a ladder, thereby avoiding causing any damage to the fence? Or is it just a matter of convenience?

I believe the case of prohibiting access to public land will open a reasonable corridor along the corners from here on out

 

[jmez]

Don't kid yourselves, this is a loooooong way from over.

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[Snyder6353]

Don't kid yourselves, this is a loooooong way from over.

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Lol seems like that's common place for these A**hats

 

[dtrkyman]

Landowner may well have shot himself in the foot. He had a few guys taking advantage, now there will be a trail of folks flocking to that spot.

 

[jjohnsonElknewbie]

Landowner may well have shot himself in the foot. He had a few guys taking advantage, now there will be a trail of folks flocking to that spot.

I can see lines of tents along the nearest roads, like staying up late waiting for concert tickets!

 

[ranny]

Unfortunately In states where the big $$ landowners have political clout (most Western states I think) this will end up meaning more clear legislation against corner crossing. Current rulings are based on current law, but I think in the long run some of the fallout from this might end up being clearer laws that prohibit corner crossing. But I'm no legal expert and I hope I'm wrong

 

[jmez]

Your not wrong. If anyone honestly thinks a bunch of billionaires are going to lose control over property rights they are wrong.

 

[mtwarden]

The very best scenario is that the matter is settled at a federal level. Right now all that Wyoming (or insert another Western state) is to pass legislation stating corner crossing is unlawful. Not a big stretch for most states.

Settle it at the federal level, it’s settled (maybe aside from state sections).

 

[Novashooter]

Your not wrong. If anyone honestly thinks a bunch of billionaires are going to lose control over property rights they are wrong.

This is sad but true. I've brought the issue up a few times with people, and often I'll get an admittedly understandable question of "why not just ask the landowner?" I don't think a lot of people understand just who actually owns states like Wyoming. You aren't asking farmer jim to hunt his creek. Half the time you would be asking something like Wells Fargo bank. I mean just look at this case. Some guys crossed a corner, probably didn't know or could find the land owner. It turned out to be Fred Eshelman, a rich CEO of big pharma, and apparently ranch business owner.

I don't know Fred Eshelman, he doesn't seem to be the worst guy, except for thinking people who never stepped foot on his land owes him 8 million dollars. But it's people like that who control these checkerboard lands of the west, you can't just go knock on their door an ask. If they are even people instead of businesses, much of the time they don't even live in the state full time. The only good argument I've ever heard is that allowing corner crossing might lower property values because they would no longer have private control over the public lands. Maybe I'm heartless, but I just can't feel bad about property values of billionaires and companies when it comes to regaining what is rightfully all of ours anyways. At the very least there needs to be a compromise such as a state lease program for a small easement at each corner.