Trophy bull and a trespass charge

[HandgunHTR]

What a dick move

Are you allowed to erect a structure on BLM land?

Also, are you positive that the boundaries are accurate? For our property, the northern border as shown on OnX is about 50 yards south of where it should be.

 

[MuleyFever]

.

Also, are you positive that the boundaries are accurate? For our property, the northern border as shown on OnX is about 50 yards south of where it should be.

I thought the same thing.

 

[Hnthrdr]

Are you allowed to erect a structure on BLM land?

Also, are you positive that the boundaries are accurate? For our property, the northern border as shown on OnX is about 50 yards south of where it should be.

Definitely not that I know of, but it is absolutely something that people I know would do to keep someone out…

 

[HandgunHTR]

If there are other access points its not landlocked. We're talking about landlocked land with zero access, which if it was private property wouldn't be allowed, there would HAVE to be an access route to it allowed.

In the cases where a single property owner truly landlocks a piece of public this is zero sympathy in my mind about being forced to provide access. Somewhere along the way the private land surrounded a piece of property knowingly that was not their property, it would be ridiculous for that owner to assume they had no obligation to provide some means of access to the owner of the property they surrounded. In this situation that owner is the public.

Like I said it is my opinion that historically folks probably never expected such an issue that an owner wouldn't allow another some sort of means to access their property, it was probably just expected behavior? That obviously doesn't mean the blocked owner gets to cross wherever they want but there needs to be an agree upon and realistic way.

I was speaking about my situation only.

This parcel used to be private land (owned by a paper company). All of the adjacent land was, and still is owned by other private owners. A small portion of the eastern border of this paper company land runs along a public highway. That is the access in this case.

If the paper company did not have that small border on a highway and instead it was completely land locked within other private parcels and had negotiated private easements with some of the other landowners, would you be OK with the State demanding those same easements when the paper company turned that land over to the State? Or, would you say that the State would have to negotiate new easements and that it would be well within the private landowners rights to not allow those easements?

 

[HandgunHTR]

So Wyoming has no statute for hunting after you fly, only that you can't use aircraft intentionally for scouting.

Looks cut and dry to me.

Read it again. It also includes "to aid in taking game". Traveling into an area definitely falls under the "aid in taking game" to me.

 

[HandgunHTR]

Yep, if he trespassed, that’s the law that was broken. If he killed a giant bull on public land that was in season, that he had a tag for? I’m struggling to see the violation in that part of his day. Trespassing is illegal. Hunting on public land is not.


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Read the law as posted by @Q_Sertorius.

He crossed private land without permission to hunt game. Therefore he broke that section of the law.

So, in the State of WY, if you cross private land without permission, to hunt, whether that hunting takes place on private or public land, it is against this particular law and the consequences are clearly laid out in regards to violating it. Comparing it to speeding or other laws is pointless as this law is written as it is. Whether you like it or not, or think that it should be changed based on your beliefs is irrelevant.

 

[Q_Sertorius]

Read it again. It also includes "to aid in taking game". Traveling into an area definitely falls under the "aid in taking game" to me.

There’s a specific exception for transportation purposes.

 

[svivian]

Are you allowed to erect a structure on BLM land?

Also, are you positive that the boundaries are accurate? For our property, the northern border as shown on OnX is about 50 yards south of where it should be.

No im not sure, however there are no survey pins to reference. Regardless, the placement of the shop would either be shear dumb luck if so, or purposely placed. Also onx matches the county records exactly when i compared it to the county GIS map.

Odds are it probably is off, however it is a huge loss of prime late season cow elk hunting behind it due to it.

 

[wytx]

Question is, can anyone lease the land from the state and be granted access or is access to the state land for leasing purposes restricted to the landowners surrounding it? If the latter how can the state maximize revenue? Honest question.

But yes this plot is nuanced a bit compared to BLM or NFS land.

Leases are signed for a period of time then I think they go up for auction and the current leasee has the right to match a higher bid to keep the lease. I believe this is still the way the SLB does it.
I know leases that no adjacent LO holds but has access.

 

[pods8 (Rugged Stitching)]

If the paper company did not have that small border on a highway and instead it was completely land locked within other private parcels and had negotiated private easements with some of the other landowners, would you be OK with the State demanding those same easements when the paper company turned that land over to the State? Or, would you say that the State would have to negotiate new easements and that it would be well within the private landowners rights to not allow those easements?

What do I think SHOULD happen? I think ANY property must have an access to it allowed. If the paper company land was land locked the only way that could happen is if there were easements in place already which would transfer to the new owner. For some reason that requirement hasn't been applied to public land.

Do you think if the was a shared private road to the owners who live on that road and down at the end the state/feds purchased a property that suddenly that property no longer is granted use of the road?

 

[AHayes111]

This is why I am personally against land exchanges that aren't truly equal. The future value to the public of the landlocked land is certain to increase because of technological advancements like what you're mentioning.

This is why if I was a landowner with a bunch of isolated Public land I would be begging for a land swap as soon as possible. The day when flying is affordable to the average Joe is going to be hear sooner than may think.

 

[pods8 (Rugged Stitching)]

Leases are signed for a period of time then I think they go up for auction and the current leasee has the right to match a higher bid to keep the lease. I believe this is still the way the SLB does it.
I know leases that no adjacent LO holds but has access.

So presumably WY has access easements to all it state land then? Doesn't mean they open up those easements beyond the lease holders but seems inherent they would have to have easements in place to be able to auction the leases. Right?

 

[HairyScandinavian]

If I was the prosecutor, I think I'd want to present those pants as evidence of having crossed a fence...
View attachment 943937

I'd argue in court that once I saw an Elk of that caliber in range my pants would have a hole in them too.

 

[wapitibob]

So presumably WY has access easements to all it state land then? Doesn't mean they open up those easements beyond the lease holders but seems inherent they would have to have easements in place to be able to auction the leases. Right?

WY does not have access easements to all state trust land. People need to understand these state land sections were deeded to WY at statehood.

 

[Q_Sertorius]

WY does not have access easements to state trust land.

Surely the State does, even if the public does not?

 

[Hnthrdr]

I'd argue in court that once I saw an Elk of that caliber in range my pants would have a hole in them too.

Damn that’s a rock solid defense…

 

[HairyScandinavian]

Damn that’s a rock solid defense…

I sea what you did there.

 

[Q_Sertorius]

Damn that’s a rock solid defense…

Definitely a hard one to beat.

 

[alexnelon]

Read it again. It also includes "to aid in taking game". Traveling into an area definitely falls under the "aid in taking game" to me.

Is flying to Casper from South Carolina using aircraft to aid in taking game?

 

[wapitibob]

Surely the State does, even if the public does not?

Nope, how would they get access other than a taking of private property? We're talking the "wild west" out here.

some google info

"Before Wyoming achieved statehood in 1890, the distribution of private land was shaped by federal policies and land grants. The federal government took land from tribal nations through treaties, often not upheld, and divided it into one-square-mile sections, initiating a complex ownership pattern. To encourage railroad development, the federal government granted the Union Pacific Railroad every other square mile for 20 miles on either side of its route, creating a checkerboard pattern of private and federal land. This resulted in the railroad becoming the largest private landowner in Wyoming by the 21st century, holding millions of acres granted in the 1860s.

Additionally, the Homestead Act of 1862 allowed individuals to claim up to 160 acres of federal land by living on it, improving it, and farming for five years. This act attracted numerous settlers, especially along fertile riverbanks, leading to the establishment of small farms and ranches. The Preemption Act of 1841 also enabled settlers to purchase up to 160 acres at $1.25 per acre, further increasing private land ownership.

Veterans were given land scrip after wars, which they could exchange for land in the public domain; however, many sold their scrip to speculators who consolidated large land holdings, removing vast tracts from public availability at low cost. These mechanisms—railroad grants, homesteading, preemption, and veteran land warrants—were central to the transfer of land from public domain to private ownership in Wyoming before statehood."