WY Corner crossing update

[4cMuley]

just wait, Aziak will be coming out with a carbon fiber ultralight ladder soon

 

[cuerro viejo]

I agree, but until this is more firmly settled I wouldn't rely on any GPS-related "proof points" at all. Typical GPS accuracy is anywhere from 5-30' horizontally and that's only if it's been going long enough to get enough data points to average together. That error alone could be the difference between "ok" and "trespassing." It also assumes the boundaries in the GPS are accurate, and as much as OnX and others work on this (to their credit) they aren't 100%. The burden is on YOU to NOT trespass, so it's not a defense to say the GPS was wrong.

But as others said, the "burden of proof" is on the plaintiff/prosecutor. Let THEM show that their boundaries are accurate, and prove that you were on the wrong side. Until then, given how this original case landed, I'd personally just take a photo of the ladder (or whatever) used in the crossing.

Fences are also not property boundaries in a lot of states as they are lines of convenance. With that said I had discussion with Capt GW in NM, and I’m sure it’s reciprocal in a lot of states, but Onx is valid as a defense as it’s best technology and easiest access tool to determine boundaries for the general public, and GW use it also.

 

[Misawa]

Great news!

 

[Coveyleader]

Antelope hunting in WY just got alot better.

 

[ScreamingPotato]

Antelope hunting in WY just got alot better.

I'm actually thinking about applying specifically because of this, wanna get in on the first year before all the good bucks get shot.

 

[WCB]

Oh, I agree. There should not be one square inch of public land that isn’t legally accessible by the public, IMO. Land that is public that is surrounded by private should have an easement or the government and the property owner should have to come to some type of swap agreement to exchange land that is accessible.

100% against a forced easement. There are "public" pieces miles inside private lands. This is the governments issues for setting up/defining those pieces where they are not the surrounding land owner. If an appropriate land swap was initiated ok but forcing a landowner to open potentially miles of their land up to general travel 100% no.

 

[Laramie]

100% against a forced easement. There are "public" pieces miles inside private lands. This is the governments issues for setting up/defining those pieces where they are not the surrounding land owner. If an appropriate land swap was initiated ok but forcing a landowner to open potentially miles of their land up to general travel 100% no.

I get you point but in most instances the land swaps will dramatically favor the private land owner. For that reason, I am against them 99% of the time.

 

[mad_angler]

100% against a forced easement. There are "public" pieces miles inside private lands. This is the governments issues for setting up/defining those pieces where they are not the surrounding land owner. If an appropriate land swap was initiated ok but forcing a landowner to open potentially miles of their land up to general travel 100% no.

I agree. The idea is allow walkers to go over the corner and step from public to public.

The private landowner has not right to prevent people from crossing through the airspace above the corner.

BUT... the landowner has every right to keep people off of his property. Adding an easement forces him to allow people to walk (and drive?) over his land. That (IMHO) would be an abuse of this ruling...

 

[WCB]

I agree. The idea is allow walkers to go over the corner and step from public to public.

The private landowner has not right to prevent people from crossing through the airspace above the corner.

BUT... the landowner has every right to keep people off of his property. Adding an easement forces him to allow people to walk (and drive?) over his land. That (IMHO) would be an abuse of this ruling...

Yep...and my comments were obviously beyond the corner issue as there is a definite murmuring or desire for many PuBLic LanDOwnErs to demand access to all PuBLiC LaND even within private boundaries.

 

[MikeDeltaFoxtrot]

I agree. The idea is allow walkers to go over the corner and step from public to public.

The private landowner has not right to prevent people from crossing through the airspace above the corner.

BUT... the landowner has every right to keep people off of his property. Adding an easement forces him to allow people to walk (and drive?) over his land. That (IMHO) would be an abuse of this ruling...

The court specifically held that it was not creating an easement. That would be a taking, and it would require compensation.

 

[pods8 (Rugged Stitching)]

Antelope hunting in WY just got alot better.

I wonder if it will inspire alot more landowners to enroll their properties as walk in areas, they can define which portions of their property are off limits. Might was well get paid if folks are going to be hop scotching through your ranch anyways.