Wyoming corner crossing

drdrop

FNG
Joined
Aug 9, 2020
Messages
87
Location
Laramie
A couple observations from the summary judgment:

1. Eshelman/Iron Bar violated the Unlawful Enclosures Act of 1885 (UIA) by placing the two posts with a chain between them at the legal corner, preventing reasonable passage. In 2020, two of the Missouri Four admitted to holding Eshelman's posts to swing around and access the legal corner. As Judge Skavdahl wrote,

"A plaintiff may not recover for a trespass, if any, occurring due to Plaintiff's violation of the UIA".

I interpret this as if anyone encounters a fence at a corner, that fence is a violation of the UIA and one may reasonably find means to move around such an obstacle, regardless of where your feet may touch. I'm assuming Wyoming's 2023 Joint Judiciary's SF0056 bill that Gov Gordon signed into law would need to be challenged against the UIA in this situation. I would assume the law would defer to the UIA over this new state legislation, and I would welcome thoughts by those more familiar with law.

2. The 'corner crossing loophole' in Wyoming's criminal law has previously been a privilege of those pursuing wildlife per the 2004 Wyoming Attorney General's Memo. While Judge Skavdahl's summary judgment addresses civil law, would it also apply to criminal cases? If so, seems like the general public may cross corners as well, especially considering that Mackay, which was pretty central to Skavdahl's arguments, was a situation of a sheepherder, not hunters.
 
  • Like
Reactions: 307

GSPHUNTER

WKR
Joined
Jun 30, 2020
Messages
3,905
Does this set a precedent
 

Attachments

  • Resized_20230531_080803.jpeg
    Resized_20230531_080803.jpeg
    284.7 KB · Views: 79

307

WKR
Joined
Jun 18, 2014
Messages
1,765
Location
Cheyenne
Yeah, if you can't find the corner marker to step over just don't do it.
No need for a ladder, they can not block access to public lands with their fence.

I wouldn't agree with this statement. If you make a valid and reasonable effort to find the marker, using best available technology (GPS, likely) but don't find it, I'd feel comfortable crossing based on the GPS corner.
 

TxLite

WKR
Joined
Sep 6, 2018
Messages
1,317
Location
Texas
Yeah, if you can't find the corner marker to step over just don't do it.
No need for a ladder, they can not block access to public lands with their fence.
Does climbing the fence constitute damaging landowner property? We always got scolded as kids for climbing barbed wire fences because it wasn’t good for it
 
Joined
Nov 7, 2012
Messages
7,407
Location
S. UTAH
This makes me glad I decided to put off my elk hunt this year. This may completely change what area I apply to.
 

Trvl2hunt

FNG
Joined
Dec 14, 2021
Messages
12
Location
Wyoming
Hopefully this is a precedent that sticks. There will be a lot of ladders being used around the west this year.
 
Joined
Jan 6, 2023
Messages
75
You better hope there’s a corner pin/monument on every corner you intend to step over - otherwise you won’t know if you’re on public or private because your phone or gps ain’t that precise
You are right, but did you plan to lay out a property fence not long ago using the GPS in your phone as a compass?
 

BBob

WKR
Joined
Jun 29, 2020
Messages
3,587
Location
Southern AZ
If people (hunters and anglers) would have been "respectful towards landowners" for the last 50 years we likely would not be in the current situation when it comes to landowner relations.


ClearCreek
I disagree a bit on that because there’s more to it. We’ve always been respectful and most of the old ranchers gave us access but as they fade away and sell this has changed drastically. As the ranching fades and people come in and buy up the land it has become “this is mine and you can’t touch it or trespass through it” attitude. It’s been a slow progression here for many decades now.
 
Top