Wyoming corner crossing lawsuit

[southLA]

I'm sure the ranch will have 40' fences next year.

Will only bring about the dawn of hunter-laden trebuchets!

 

[manitou1]

Unfortunately, I think you're right.

It is illegal to obstruct access to public land.

 

[Laramie]

It is illegal to obstruct access to public land.

Agreed - even the chain between the 2 fence posts was illegal. Will be interesting to see how far the landowner takes the appeals process.

 

[Blandry]

The fact is.. Elk Ranch has money.. they can sue anyone they feel like suing. YOU have to have the money to fight them.

 

[wyobigbuckhunter]

I'm just glad to see that the judge was able to just make a ruling on this. In his own words, Judge Scott Skavdah stated, “Corner crossing on foot in the checkerboard pattern of land ownership without physically contacting private land and without causing damage to private property does not constitute an unlawful trespass” (Wyofile). This ruling will hold precedent for generations because it clearly defines the legality of corner crossing. It is a win and we should take it as such even if it will be surely appealed. I believe that it will survive the appeals process even if it has to go all the way to the Supreme Court.

In my opinion, this ruling also helps negate Eshelman's claim that he owns the "air space" above the land. This is what was the most worrisome part about this case to me. If this was to be the new standard in property rights, then literally "the sky is the limit" when it comes to locking the public out of public spaces as long as the property owner controls the access.

 

[Blandry]

God bless the WY gov. I was going to move up there to cheyenne or laramie. I took a week off work just to go look.

Not ONE home looked like it did on trulia or zillow. Crack houses...

 

[camelcluch]

Nice start to a long road. The up coming years will be interesting for Wyoming outdoorsmen. Really hard to get overly excited but I’ll take any positivity I can get.

 

[Lowg08]

this dude is apparently sue happy. He sued to get his truth for the vote money back. Lost that one. Apparently he is a real piece of work

 

[crazybouthuntin]

I'm sure the ranch will have 40' fences next year.

Agree, complete BS.

 

[DigEmUpPro1]

that would be me. I chatted with Ryan about it, and while some hunters have completely abused landowners who've actually provided access across corners, we feel the bigger issue is access to our public lands.

And before someone starts ripping on us sharing Rinella's post (or chapter BHAs gofundme), remember that "love and war make for strange bedfellows" as it's been said.

Well put!

 

[Newtosavage]

It is illegal to obstruct access to public land.

Is it though?

 

[Newtosavage]

I'm just glad to see that the judge was able to just make a ruling on this. In his own words, Judge Scott Skavdah stated, “Corner crossing on foot in the checkerboard pattern of land ownership without physically contacting private land and without causing damage to private property does not constitute an unlawful trespass” (Wyofile). This ruling will hold precedent for generations because it clearly defines the legality of corner crossing. It is a win and we should take it as such even if it will be surely appealed. I believe that it will survive the appeals process even if it has to go all the way to the Supreme Court.

In my opinion, this ruling also helps negate Eshelman's claim that he owns the "air space" above the land. This is what was the most worrisome part about this case to me. If this was to be the new standard in property rights, then literally "the sky is the limit" when it comes to locking the public out of public spaces as long as the property owner controls the access.

This. Common sense still has a foothold it would seem.

 

[LostArra]

God bless the WY gov. I was going to move up there to cheyenne or laramie. I took a week off work just to go look.

Not ONE home looked like it did on trulia or zillow. Crack houses...

Up your budget and try Jackson. Still may be crack houses, but very spacious crack houses. Not those fixer uppers in Laramie and Cheyenne.

 

[Bull_n_heat]

Another interesting development in the form of an amicus brief filed in this case. If you are in favor of Judge Skavdahl's ruling, this article might change your blood chemistry. Interested to see what folks here think about this.

Stock growers: Judge in corner-crossing case misunderstood new trespass law - WyoFile

Ranching lobbyist raised questions about ambiguous language in a 2023 bill; now his attorney says a judge erred in interpreting the statute.

wyofile.com

 

[RyanT26]

The stock growers association can suck it just like Eshelman.

 

[Fordguy]

The stock growers association can suck it just like Eshelman.

Agreed.
I still wonder why the attorney in the corner crossing case didnt bring up the ability of any individual to float down a river in Wyoming and be free of trespass as long as they do not touch the landowners property beneath the flowing water. The air above the river is still the landowners airspace. The persons using it are not performing a "taking" of any kind as they are simply passing through above the surface of the private property. In many instances, those floating a Wyoming River are passing through airspace lower than the hunters who used a ladder to cross the Eschelman's fence, all perfectly legal as long as no one touches the landowners physical property.

 

[drdrop]

Some history on the 2023 SF0056 “Prohibiting travel across private land for hunting purposes'' sponsored by the Joint Judiciary Committee that became law and discussed in today's Angus Thuermer article : During the 2022 legislative session, Rep Crago tried crafting this bill using 'pass through' language. He was coming from a reasonable perspective - folks were hiking through private land to shed hunt on public land rather than take longer hikes around without trespassing, and G&F law enforcement couldn't do anything about it. But, hunters and anglers pushed back on Crago's bill in 2022, exactly for the reasons that Fordguy pointed out - 'pass through' wording could mean floating a boat (and of course corner crosssing) and the bill died. Here's another Thuermer article from 2022 on that issue: https://wyofile.com/crago-trespass-bill-not-a-corner-crossing-measure/

Crago and the Joint Judiciary Committee worked on rewording the bill, adding the very important detail that someone must step or drive upon private land. During Joint Judiciary committee's pre-legislative session in November 2022, the wording was opened for public comment. Hunters and anglers supported it, law enforcement supported it, and even the stockgrowers didn't have issue. The bill passed easily during the 2023 session.

Of course we all knew this would apply to corner crossing. But conveniently the language had to be strengthened to allow folks to pass through, not upon. This trespass law should be seen as strengthening private property rights - nobody wants to step on your land, while also allowing ensuring the public may pass through legally.

The Stockgrowers do not have a compelling argument. The Unlawful Enclosure Act of 1885 clearly applies to all federal lands. During a panel discussion this past spring (with Jim Magagna as a panelist!) put on by the UW Natural Resources Club, a UW law prof stated that the US Attorney General reported to Congress that the Unlawful Enclosure Act of 1885 applied to checkerboard lands a few years after the law was passed. Mic drop.

The Stockgrowers' opinion won't be taken very seriously, and let Fred Eshelmann throw his money down the drain on expensive lawyers.

 

[manitou1]

Some history on the 2023 SF0056 “Prohibiting travel across private land for hunting purposes'' sponsored by the Joint Judiciary Committee that became law and discussed in today's Angus Thuermer article : During the 2022 legislative session, Rep Crago tried crafting this bill using 'pass through' language. He was coming from a reasonable perspective - folks were hiking through private land to shed hunt on public land rather than take longer hikes around without trespassing, and G&F law enforcement couldn't do anything about it. But, hunters and anglers pushed back on Crago's bill in 2022, exactly for the reasons that Fordguy pointed out - 'pass through' wording could mean floating a boat (and of course corner crosssing) and the bill died. Here's another Thuermer article from 2022 on that issue: https://wyofile.com/crago-trespass-bill-not-a-corner-crossing-measure/

Crago and the Joint Judiciary Committee worked on rewording the bill, adding the very important detail that someone must step or drive upon private land. During Joint Judiciary committee's pre-legislative session in November 2022, the wording was opened for public comment. Hunters and anglers supported it, law enforcement supported it, and even the stockgrowers didn't have issue. The bill passed easily during the 2023 session.

Of course we all knew this would apply to corner crossing. But conveniently the language had to be strengthened to allow folks to pass through, not upon. This trespass law should be seen as strengthening private property rights - nobody wants to step on your land, while also allowing ensuring the public may pass through legally.

The Stockgrowers do not have a compelling argument. The Unlawful Enclosure Act of 1885 clearly applies to all federal lands. During a panel discussion this past spring (with Jim Magagna as a panelist!) put on by the UW Natural Resources Club, a UW law prof stated that the US Attorney General reported to Congress that the Unlawful Enclosure Act of 1885 applied to checkerboard lands a few years after the law was passed. The Stockgrowers' opinion won't be taken very seriously, and let Fred Eshelmann throw his money down the drain on expensive lawyers.

Outstanding summary!
Thank you.

 

[Bull_n_heat]

Some history on the 2023 SF0056 “Prohibiting travel across private land for hunting purposes'' sponsored by the Joint Judiciary Committee that became law and discussed in today's Angus Thuermer article : During the 2022 legislative session, Rep Crago tried crafting this bill using 'pass through' language. He was coming from a reasonable perspective - folks were hiking through private land to shed hunt on public land rather than take longer hikes around without trespassing, and G&F law enforcement couldn't do anything about it. But, hunters and anglers pushed back on Crago's bill in 2022, exactly for the reasons that Fordguy pointed out - 'pass through' wording could mean floating a boat (and of course corner crosssing) and the bill died. Here's another Thuermer article from 2022 on that issue: https://wyofile.com/crago-trespass-bill-not-a-corner-crossing-measure/

Crago and the Joint Judiciary Committee worked on rewording the bill, adding the very important detail that someone must step or drive upon private land. During Joint Judiciary committee's pre-legislative session in November 2022, the wording was opened for public comment. Hunters and anglers supported it, law enforcement supported it, and even the stockgrowers didn't have issue. The bill passed easily during the 2023 session.

Of course we all knew this would apply to corner crossing. But conveniently the language had to be strengthened to allow folks to pass through, not upon. This trespass law should be seen as strengthening private property rights - nobody wants to step on your land, while also allowing ensuring the public may pass through legally.

The Stockgrowers do not have a compelling argument. The Unlawful Enclosure Act of 1885 clearly applies to all federal lands. During a panel discussion this past spring (with Jim Magagna as a panelist!) put on by the UW Natural Resources Club, a UW law prof stated that the US Attorney General reported to Congress that the Unlawful Enclosure Act of 1885 applied to checkerboard lands a few years after the law was passed. The Stockgrowers' opinion won't be taken very seriously, and let Fred Eshelmann throw his money down the drain on expensive lawyers.

This is great background - I appreciate it!

 

[wyobigbuckhunter]

Some history on the 2023 SF0056 “Prohibiting travel across private land for hunting purposes'' sponsored by the Joint Judiciary Committee that became law and discussed in today's Angus Thuermer article : During the 2022 legislative session, Rep Crago tried crafting this bill using 'pass through' language. He was coming from a reasonable perspective - folks were hiking through private land to shed hunt on public land rather than take longer hikes around without trespassing, and G&F law enforcement couldn't do anything about it. But, hunters and anglers pushed back on Crago's bill in 2022, exactly for the reasons that Fordguy pointed out - 'pass through' wording could mean floating a boat (and of course corner crosssing) and the bill died. Here's another Thuermer article from 2022 on that issue: https://wyofile.com/crago-trespass-bill-not-a-corner-crossing-measure/

Crago and the Joint Judiciary Committee worked on rewording the bill, adding the very important detail that someone must step or drive upon private land. During Joint Judiciary committee's pre-legislative session in November 2022, the wording was opened for public comment. Hunters and anglers supported it, law enforcement supported it, and even the stockgrowers didn't have issue. The bill passed easily during the 2023 session.

Of course we all knew this would apply to corner crossing. But conveniently the language had to be strengthened to allow folks to pass through, not upon. This trespass law should be seen as strengthening private property rights - nobody wants to step on your land, while also allowing ensuring the public may pass through legally.

The Stockgrowers do not have a compelling argument. The Unlawful Enclosure Act of 1885 clearly applies to all federal lands. During a panel discussion this past spring (with Jim Magagna as a panelist!) put on by the UW Natural Resources Club, a UW law prof stated that the US Attorney General reported to Congress that the Unlawful Enclosure Act of 1885 applied to checkerboard lands a few years after the law was passed. Mic drop.

The Stockgrowers' opinion won't be taken very seriously, and let Fred Eshelmann throw his money down the drain on expensive lawyers.

Thanks for posting this!