Digest

This episode delves into the complex issue of "corner crossing," a practice that allows individuals to traverse between parcels of public land at their shared corners without touching private property. It highlights a significant legal case involving four hunters charged with trespass for corner crossing in Wyoming. The podcast details the establishment of a legal fund by Backcountry Hunters and Anglers (BHA) to support the hunters, emphasizing the broader implications for public land access. The case progressed through state and federal courts, culminating in the 10th Circuit Court of Appeals ruling corner crossing legal under specific circumstances, a decision upheld when the Supreme Court declined to hear the landowner's appeal. This ruling has opened up millions of acres of public land in six states. The historical context of the checkerboard land pattern, stemming from railroad grants, is explained. The discussion also touches upon potential future impacts, the relevance of the Unlawful Enclosures Act in preventing access obstruction, and the importance of clear boundary markings and collaboration. The episode concludes by celebrating this victory for public land access and urging continued vigilance and support for organizations like BHA.

Outlines

00:00:00

Introduction and Sponsorships

The episode begins with advertisements for Casamigos Tequila and a partnership between United Airlines and Air New Zealand, highlighting travel benefits.

00:01:00

Understanding Corner Crossing and Legal Challenges

The podcast "Legends of the Wild" introduces "corner crossing" with Devon O'Dee from Backcountry Hunters and Anglers. The concept is explained as stepping between public land parcels at a corner. A case involving four Missouri hunters charged with trespass for corner crossing in Wyoming is detailed, including the use of a ladder to avoid touching private land. A legal fund was established by Wyoming BHA to support the hunters, garnering public and organizational support.

00:09:57

Legal Rulings and Precedents

The corner crossing case moved from state to federal court, with civil charges escalating. The Supreme Court's decision not to hear the appeal affirmed the 10th Circuit's ruling, opening up an estimated 3.5 million acres. The 10th Circuit Court of Appeals unanimously ruled corner crossing legal under the case's specific facts, and the Supreme Court's denial of the landowner's appeal solidified this precedent.

00:19:33

Historical Context and Future Implications

In the six 10th Circuit states, corner crossing is now legally permissible if private property is not touched. The checkerboard land pattern's origin from railroad land grants during westward expansion is discussed. Potential negative impacts like increased hunting pressure and the development of specialized equipment are explored. The Unlawful Enclosures Act is highlighted as a tool against obstructions blocking public land access, emphasizing the need for clear markings and collaboration with landowners. The episode concludes by celebrating the victory for public land access and stressing the importance of continued vigilance and support for organizations like BHA.

Keywords

Q&A

• What is corner crossing?

  Corner crossing is the practice of moving from one parcel of public land to another at a point where four parcels of land (two public, two private) meet at a single corner. It allows access to otherwise inaccessible public lands without setting foot on private property.

• What was the significance of the Supreme Court declining to hear the corner crossing case?

  The Supreme Court's decision not to hear the appeal meant that the ruling from the 10th Circuit Court of Appeals stood. This affirmed that corner crossing is not a crime under the specific facts of the case, solidifying access to millions of acres of public land in the 10th Circuit states.

• How did the checkerboard land pattern come about?

  The checkerboard land pattern largely originated from land grants to railroad companies during the 19th century. The government granted alternating sections of land to railroads as an incentive to build transcontinental lines, creating the distinctive pattern of public and private ownership.

• What is the Unlawful Enclosures Act and how does it relate to corner crossing?

  The Unlawful Enclosures Act prevents the obstruction of access to public lands. If a landowner creates an enclosure that blocks public access at a corner, it may be considered unlawful, and this act can be used to ensure access is restored.

• What are the implications of the corner crossing ruling for public land access?

  The ruling has opened up an estimated 3.5 million acres of public land across six states (Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming) for public access, provided individuals do not step onto private property while corner crossing.

Show Notes