Wyoming corner crossing lawsuit

[LookinforDirt]

Corner-crossing defendants move for dismissal of trespass charges - WyoFile

A closely watched case regarding public land presumably locked up by checkerboard ownership should be dismissed, defendants’ attorney argues.

wyofile.com

This article makes me happy.

Yes. This needs to go through the courts and get resolved. Of course hoping for the right outcome if it does...

 

[Conrad101st]

No doubt sir. Good point.

 

[QuackAttack]

That landowner should be shunned by the hunting community. Every hunter, podcast, blogger….should start and end their show with F this guy and all his friends.

 

[Donny Land]

This whole "Air Space" thing is absurd. Where does your property line start and stop? Are there survey markers in the sky!?! If they were in his "Air Space" what about the forest service planes that fly over his land everyday? They're technically in his "Air Space" I know I'm stretching it a bit here, but I'm just trying to make a point about "Air Space" Trust me, I'm all for private landowners rights, but this is all about greed, plain and simple!

 

[Chris_ELK&MD]

Glad to see this issue is getting the credit it's due!!

 

[Fordguy]

This whole "Air Space" thing is absurd. Where does your property line start and stop? Are there survey markers in the sky!?! If they were in his "Air Space" what about the forest service planes that fly over his land everyday? They're technically in his "Air Space" I know I'm stretching it a bit here, but I'm just trying to make a point about "Air Space" Trust me, I'm all for private landowners rights, but this is all about greed, plain and simple!

You are 100% correct. If it was trespass to infringe on a few feet of airspace (that causes no harm to the landowner and does not infringe upon his property rights) no one could float down a river that crossed over private property because they would be in the landowner's airspace.

 

[hechterooskie]

This whole "Air Space" thing is absurd. Where does your property line start and stop? Are there survey markers in the sky!?! If they were in his "Air Space" what about the forest service planes that fly over his land everyday? They're technically in his "Air Space" I know I'm stretching it a bit here, but I'm just trying to make a point about "Air Space" Trust me, I'm all for private landowners rights, but this is all about greed, plain and simple!

There is also no repercussion for the landowners trespassing over the public lands airspace in this instance.

Their chains and signs are violating the airspace of the blm section. A lot of rules for thee and not for me in these corner crossing situations. Hunters should try to get funds together and try to purchase easements for these corners to access the public land and the governing agencies should actually punish landowners who block access to public land.

 

[wind gypsy]

There is also no repercussion for the landowners trespassing over the public lands airspace in this instance.
View attachment 376088
Their chains and signs are violating the airspace of the blm section. A lot of rules for thee and not for me in these corner crossing situations. Hunters should try to get funds together and try to purchase easements for these corners to access the public land and the governing agencies should actually punish landowners who block access to public land.

There would need to be a willing seller for sportsman to buy easements. Sportsman shouldn't have to pay what the value of public land is to a person who's attempting to claim it for themselves in order to access it.

The cool thing about the defendants argument is they are stating it is illegal to prevent corner crossing based on federal law. If that goes the right way there would be a lot less need to buy easement.

 

[wind gypsy]

Talk of hunter harassment charges now against Elk Mountain Ranch.

Hunters allege illegal harassment in corner-crossing case - WyoFile

Hunters who have pleaded not guilty to criminal trespass charges claim that it is ranch operators who broke the law by harassing them while on public land.

wyofile.com

 

[Lowg08]

Talk of hunter harassment charges now against Elk Mountain Ranch.

Hunters allege illegal harassment in corner-crossing case - WyoFile

Hunters who have pleaded not guilty to criminal trespass charges claim that it is ranch operators who broke the law by harassing them while on public land.

wyofile.com

Dang I hope they bust that crowd

 

[Donny Land]

Be sure to read Keith Blow's comment at the bottom of the article. There in lies the problem!

 

[Lowg08]

Be sure to read Keith Blow's comment at the bottom of the article. There in lies the problem!

Yup he is highly misinformed. I’ve never been too or hunted Wyoming but I did start researching rules and regulations when I started buying mule deer points. Also horror stories about what can go wrong. As far as I can tell they only lease grazing rights not hunting rights. Only my research so I could be wrong

 

[Newtosavage]

You are 100% correct. If it was trespass to infringe on a few feet of airspace (that causes no harm to the landowner and does not infringe upon his property rights) no one could float down a river that crossed over private property because they would be in the landowner's airspace.

Well, in some states (mostly back East) that is in fact the case. You can't float over their property. Thank GOD that one of the few redeeming laws here is Texas is that of navigable rivers being public rights of way.

 

[Newtosavage]

There is also no repercussion for the landowners trespassing over the public lands airspace in this instance.
View attachment 376088
Their chains and signs are violating the airspace of the blm section. A lot of rules for thee and not for me in these corner crossing situations. Hunters should try to get funds together and try to purchase easements for these corners to access the public land and the governing agencies should actually punish landowners who block access to public land.

Why should us public taxpayers have to pay more for what we already have a right to?

 

[Fordguy]

Well, in some states (mostly back East) that is in fact the case. You can't float over their property. Thank GOD that one of the few redeeming laws here is Texas is that of navigable rivers being public rights of way.

I was in Wyoming last fall, there was a Wyoming game and fish sign next to one of the rivers letting fishermen know that wading was prohibited where the river crossed private property but floating the river to fish was legal. Apparently the difference between legally fishing and trespassing was touching the riverbed on private property.

In many states a flowing body of water must be considered navigable in order to be useable by the public. Definitions of "navigable" vary so best to know the regs wherever you are. In Michigan, there used to be a rule about navigable waters being public domain, but I've seen a lot of non navigable streams that were designated trout streams and were therefore public and fishable/wadeable. I've had property owners throw a fit, scream and yell, and I've always told them I'd be happy to wait with them for a conservation officer. They calm down pretty quick and I continue fishing.

 

[alaska_bou]

One year I drew a last choice "opportunity tag" in my home state of Wyoming for pronghorn in an area with limited public access. Using my onx maps I found a small herd, on public land accessible by a county road. Not long after I left my truck I was harrassed by the landowner who was using his pickup to push the pronghorn off the small area of public once he saw that I was pursuing them. I know he also called me in for tresspassing, with both a game warden and a sherrif showing up very quickly at the same time and blocking my exit. They (the warden and sherrif) immediately realized I was not tresspassing and played it off like it was all "just a coincidence." It became clear that the landowner, sherrif and the warden were all friends with one another. When later I contacted the G&F regional supervisor to bitch about what happened he said it is almost impossible to cite for hunter harasment in these situations, even when the same known landowners exhibit a pattern of this behaviour.

 

[Fordguy]

One year I drew a last choice "opportunity tag" in my home state of Wyoming for pronghorn in an area with limited public access. Using my onx maps I found a small herd, on public land accessible by a county road. Not long after I left my truck I was harrassed by the landowner who was using his pickup to push the pronghorn off the small area of public once he saw that I was pursuing them. I know he also called me in for tresspassing, with both a game warden and a sherrif showing up very quickly at the same time and blocking my exit. They (the warden and sherrif) immediately realized I was not tresspassing and played it off like it was all "just a coincidence." It became clear that the landowner, sherrif and the warden were all friends with one another. When later I contacted the G&F regional supervisor to bitch about what happened he said it is almost impossible to cite for hunter harasment in these situations, even when the same known landowners exhibit a pattern of this behaviour.

I've been in almost that exact situation. I was told that unless I had recorded the incident (video/audio) it was my word against theirs and the authorities couldn't/wouldn't do anything about it. I should add- they did offer to go talk to the offending parties, but I'm not counting that as doing anything. It's not much of a deterrent.

 

[jbwright]

Be sure to read Keith Blow's comment at the bottom of the article. There in lies the problem!

Never let facts get in the way of a good story

 

[westsloper]

I work on public land and deal with public/private boundaries all the time. I never take a step unless I am sure that I am on firm legal ground. I know that landowners aren't always aware of things like county road and section line easements (in many states), and I do my best to avoid trouble by communicating with the parties involved. Even then, me and folks I work with occasionally have have unpleasant run-ins with landowners who are mad that we parked near their fence or whatever.

It sounds like the hunters in question showed up with a strong idea of what they thought they had a right to do, but sometimes sticking up for what you think are your rights can cause a lot of headaches. I just wonder what they could have done differently to avoid this situation short of hunting in a different area. Sounds like the landowner is pretty much psycho, so I doubt communication with whoever that is would've done much good.

 

[wind gypsy]

It sounds like the hunters in question showed up with a strong idea of what they thought they had a right to do, but sometimes sticking up for what you think are your rights can cause a lot of headaches. I just wonder what they could have done differently to avoid this situation short of hunting in a different area. Sounds like the landowner is pretty much psycho, so I doubt communication with whoever that is would've done much good.

I’m glad they did what they did and brought more awareness to these situations.

If a guy could donate some preference points or something to them to help them have another less stressful hunt sooner I would.