Wyoming Corner Crossing defense fund

[Okhotnik]

As much as folks trash talk BHA I believe they were working on this legislatively. Maybe its time to get some backing and start taking this up through the court system. This checker boarding of land is the biggest bunch of shit I have ever seen. Anyone on here that is a land owner doing this, I hope you get screwed.

Ron

So BHA, with their millions of dollars, is financing the lawsuit? Or are they just using this for pr?

 

[Okhotnik]

Call the chief game warden for Wyoming and ask him if they have the authority to cite for a Title 6 violation (criminal trespass).
For a Title 23 violation you need to have "intent" to hunt/trap/fish etc on private, which falls under the Game dept scope of authority. When you cross with no intent, it becomes a Title 6 issue.

The AG was pretty clear

View attachment 349310

Has the state of Wyoming ever lost a tresspassing case after a citation for trespassing was issued by a game warden in Wyoming? Any actual case law to cite?

 

[wapitibob]

Has the state of Wyoming ever lost a tresspassing case after a citation for trespassing was issued by a game warden in Wyoming? Any actual case law to cite?

https://www.wyoleg.gov/InterimCommittee/2019/01-2019060313-04Trespass-CornerCrossing.pdf

 

[Jimss]

Sorry my mistake about loosing hunting privilege's when guilty in Wyo for trespassing.

 

[11boo]

I have not been out west yet so I haven't seen this in person yet. If it's truly corner-to-corner, a simple step should get you from public to public, right? Obviously, I'm missing something (everything). I'm guessing you have to get out the way you came and enter the other piece of public from a different access point.

You would think just stepping over the intersection would be fine, but in Colorado it’ll be trespassing.

 

[cnelk]

You would think just stepping over the intersection would be fine, but in Colorado it’ll be trespassing.

If there’s no fences, it’s trespass in the 3rd Degree

 

[jmez]

What difference does it make if you get a ticket from a game Warden or the sheriff? Pretty clear that you can be ticketed by sheriff/deputy.

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[NoWiser]

What difference does it make if you get a ticket from a game Warden or the sheriff? Pretty clear that you can be ticketed by sheriff/deputy.

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A trespass ticket from a sheriff isn’t a game violation.

 

[11boo]

If there’s no fences, it’s trespass in the 3rd Degree

a little more to it than that in CO.

TRESPASSING. Going onto private lands without getting permission first while hunting, fishing or performing any related activity is illegal. Private lands do not need to be posted or fenced, so it can be difficult to see boundaries. Violators may be suspended for up to 5 years for trespassing. This includes State Land Board properties not leased and signed by CPW, unless permission is given by the lessee. You must have permission from the landowner to enter private land to retrieve a harvested animal. First, you should try to contact the landowner on your own. If that effort fails, call the local CPW office

 

[cnelk]

^^^ you’re right - here’s more

CRS § 18-4-504 – “Third-Degree” Trespass Laws & Penalties in Colorado

Colorado Revised Statute § 18-4-504 defines third-degree trespass as unlawfully entering or remaining on another's property that is not enclosed or fenced. Third-degree trespass is typically a Colorado petty offense, carrying up to 10 days in jail and/or a fine of up to $300. The following table...

www.shouselaw.com

 

[cnelk]

Gotta forget about the CPW part since the intent is not to trespass private land and hunt.

 

[Wrench]

a little more to it than that in CO.

TRESPASSING. Going onto private lands without getting permission first while hunting, fishing or performing any related activity is illegal. Private lands do not need to be posted or fenced, so it can be difficult to see boundaries. Violators may be suspended for up to 5 years for trespassing. This includes State Land Board properties not leased and signed by CPW, unless permission is given by the lessee. You must have permission from the landowner to enter private land to retrieve a harvested animal. First, you should try to contact the landowner on your own. If that effort fails, call the local CPW office

But if they went "over", it wouldn't be "on to".

 

[11boo]

Either way, I’m glad this is getting to the court.

 

[realunlucky]

Of course this isn't about Colorado.

Wyoming has every other section checkerboard across large portions of the state. The federal government created this problem with the Railroad act and in true government fashion kicked the can and left all the details to be sorted later. That definition has yet to come and while waiting the adjoining land owners have enjoyed using it like they owned it.

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[cnelk]

Of course this isn't about Colorado.

Wyoming has every other section checkerboard across large portions of the state. The federal government created this problem with the Railroad act and in true government fashion kicked the can and left all the details to be sorted later. That definition has yet to come and while waiting the adjoining land owners have enjoyed using it like they owned it.

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Colorado is watching this very closely I’m sure. Plenty of checkerboard along the Colo/Wyo border

 

[Zeke6951]

I have read most of these post, but not all. Someone mentioned that the private landowner putting the chain across the corner made him guilty of trespassing on the public land. If the public land allows any public activity, I would suggest that trespassing, on public land, is not and issue. The private landowner has the same right that any citizen does to access the public and to do anything that any other citizen can on the public land. He does have a legal and uncontested access to the public land that no one else does. He or his ancestors paid dearly for that access right. If the private landowner has a grazing lease or some other contractual agreement with the public entity that manages the public parcel, he has more rights to the public that any other citizen.

I personally know of one place in southwest CO. where hunters trespass often to get to a public parcel. The public parcel has an uncontested access. The access is in a steep rough area and the trespassing hunters want an easier way to get to the public. To my way of thinking private property right trump anyone's desire to hunt our public lands. I'll leave the definition on trespassing to LE, GW, or the courts.

 

[Schaaf]

Right case? That seems to say they were waiting for the right opportunity to force a trial. My question was asking if they have worked collaboratively with stakeholders to find solutions.

You can’t work collaboratively with people that have no interest in allowing access to the checkerboard parcels. See exhibit A of two fence posts with chains strapped together.

 

[TheTone]

He or his ancestors paid dearly for that access right. If the private landowner has a grazing lease or some other contractual agreement with the public entity that manages the public parcel, he has more rights to the public that any other citizen.

Maybe, maybe not? What if they were acquired through homestead act? I’ve seen the sale records for some really big parcels where I live that list sale prices for $2/acre or less; think the current owner will split me off 1,000 acres or so at$4/acre, they would turn a healthy profit. My relatives sold a ton of land before I was born, almost always to friends or neighbors because the neighbors had a want for farming or ranches. I know they were super affordable because it seemed right between friends and they still had access. Think the current ancestors will offer me a smoking deal because I’d like it back in the family for me to hunt?

 

[Muley Buck]

If the private landowner has a grazing lease or some other contractual agreement with the public entity that manages the public parcel, he has more rights to the public that any other citizen.

Not regarding hunting he doesn't.

 

[gbflyer]

It’s kinda like landowner tags in other states, private land hunting, high fences, etc. Those that don’t have any are generally not favorable. Win Powerball and buy 20K acres….all of a sudden corner crossing is a hanging offense