Wyoming corner crossing

grfox92

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Mar 14, 2017
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NW WY
Sounds like where I live in Colorado. Ha.
But if I was rich I would probably buy a big ranch too.
You and me both man. Then you and I could get together for fancy ranch parties and polish our monicles at my reloading bench.

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Is anyone in this case bringing up airspace above waterways??? You can float a river all over the place because the water is public, but in many places the river bottom is private. . . Are we going to say the airspace above the water is now private as well?

If the courts let this airspace garbage fly, then someone with a little money should start suing every single person who's hand crosses their property line along a side walk just to be a damn nuisance!

Think how much my property would be devalued if the lawn is public domain!!!
 

Fordguy

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Jun 20, 2019
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Is anyone in this case bringing up airspace above waterways??? You can float a river all over the place because the water is public, but in many places the river bottom is private. . . Are we going to say the airspace above the water is now private as well?

If the courts let this airspace garbage fly, then someone with a little money should start suing every single person who's hand crosses their property line along a side walk just to be a damn nuisance!

Think how much my property would be devalued if the lawn is public domain!!!
I've brought this up on several different threads, but I haven't seen/heard mention of it in any of the proceedings so far.
 

jayhawk

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Apr 2, 2022
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The accused were on the Meateater podcast telling their story. I'd recommend looking it up and listening to that episode.

The part that seems to get left out whenever this topic is discussed is this;

The cop who arrested the guys, told them for I believe 3 consecutive days when the landowner called the police on them, that they were legal and to continue to cross the fence as they had been. On the 4th day, the county DA told the officers superior to arrest the hunters and charge them with trespass.

Imagine being arrested tomorrow by the police officer who told you to do what you were doing today?

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Exactly. It’s almost as if Eshelman had some influence with the DA . . . .
 

jmez

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“[P]ursuit of money damages against the individual Defendants in this case detracts from important legal issues,” Eshelman’s new filing states. “f the Court rules in favor of [Eshelman], declares the Defendants’ actions as being actionable trespass, and restrains further trespass, then [Eshelman] will withdraw money damage claims … in the interest of justice and judicial economy.”

Here is the other side. Get the federal court to declare it one way or the other.

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Chris B

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Why should an adjacent landowner be able to " control " public land ?
How high does the " air space " go ? Seems any air craft would be trespassing constantly.
 

IsThisHeaven

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Jun 12, 2017
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Iowa
Why should an adjacent landowner be able to " control " public land ?
How high does the " air space " go ? Seems any air craft would be trespassing constantly.
Air space goes however high they need it to go to keep people out of the public other than their guided hunters.
 

Idaboy

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Oct 22, 2017
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Listen to one or two of Newbergs podcasts, he's got a 3 part series that summarizes everything
 

Rob5589

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Sep 6, 2014
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N CA
ALL public land should have public access! End of story.
Correct. Can't call it "public" if the public has no access. These landowners know what they're doing. Why buy all the land when you can checkerboard it and keep people out of the public spaces basically increasing "their" land for free.
 
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JBahr

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May 29, 2016
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How about we encourage some well to do hunters/hikers/eco tourists to fly over the corner regularly from public to public… effectively doing the same thing but he has no trespassing argument. I’d love to see the look on his face. Technically airplanes already violate the airspace over his property daily.

Bonus points for a helicopter to really rub it in!
 
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307

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Jun 18, 2014
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Cheyenne
FAA controls the airspace. All of it. Even though that airspace is owned by the landowner, the FAA controls it, including who/what can travel there.

It’s why drones can fly over private property legally, so long as no other law is broken. Obviously it applies to manned aircraft as well.

As long as the defendants didn’t jump/fly, I think they were “on” public property the entire time, which is regulated by land laws instead of airspace laws.

Very interesting case.
 

drdrop

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Aug 9, 2020
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Laramie
BIG News today! Judge Skavdahl released his summary judgement ruling in favor of the defendants. From this year's legislative success on prohibiting illegal no trespass signage, to this ruling, Wyoming is riding a wave of public access wins!

 
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