As someone who’s spent the last decade navigating the intricacies of public land access as both an adventurer and a writer for the outdoor industry, I’ve been closely following the Missouri corner crossing case, specifically as it relates to the Fred Eshelman ranch in Wyoming. This case, decided by the Wyoming Supreme Court in February 2024, has significant implications for hunters, anglers, and anyone who enjoys recreating on public lands in the Western United States. It’s a complex legal issue, but understanding it is crucial for responsible outdoor recreation. The core of the dispute revolves around the right to cross the “corners” where public land meets private land, and the ruling has opened up access to previously restricted areas.
Corner crossing, also known as “checkerboard access,” arises from the historical land grant system in many Western states. During the 19th century, railroads were granted land in a checkerboard pattern – alternating sections of public and private land. This created a situation where accessing public land often requires crossing private property at the corners where these sections meet. For years, landowners have often restricted this access, leading to frustration and legal battles.
The issue isn’t about trespassing across the land itself, but rather the airspace directly above the corner. Traditionally, landowners argued they owned the airspace above their property, and crossing the corner constituted a trespass, even if your feet never touched the ground. The Wyoming Supreme Court disagreed, stating that the right to exclude does not extend to the airspace necessary for crossing corners.
Understanding the history of public land access is vital. The General Land Survey System (GLSS), established in 1785, aimed to systematically survey and divide public lands. As the Bureau of Land Management (BLM) explains, this system created the grid-like pattern we see today. However, the checkerboard pattern in states like Wyoming, Montana, and the Dakotas arose from railroad land grants, adding a layer of complexity to access rights. This historical context is key to understanding why corner crossing became such a contentious issue.
The case centered around four hunters who were cited for trespassing while corner crossing on the Fred Eshelman ranch near Carbon County, Wyoming. Eshelman, a wealthy businessman, had actively blocked access to approximately 8,000 acres of landlocked public land. The hunters argued that they had a legal right to cross the corners of his property to reach the public land. The initial district court ruling sided with Eshelman, but the Wyoming Supreme Court overturned that decision.
The court’s ruling hinged on the interpretation of Wyoming’s trespass laws. The court determined that the hunters’ actions did not constitute a trespass because they did not physically touch the land while crossing the corners. They were essentially utilizing the airspace above the property, which the court found was not subject to the landowner’s exclusive control. This decision effectively affirmed the right to corner cross in Wyoming, opening up significant access to previously inaccessible public lands.
The landowners argued that allowing corner crossing would diminish their property rights and potentially lead to increased liability. They also claimed it would disrupt their ranching operations. However, the court found these arguments unpersuasive. The court emphasized the importance of public land access and the historical intent of the land grant system. They reasoned that restricting access to public land based on a claim of airspace ownership would be contrary to the public’s right to use and enjoy these lands.
The Wyoming Supreme Court’s decision is a major victory for public land advocates and outdoor enthusiasts. It opens up access to thousands of acres of previously landlocked public land, providing opportunities for hunting, fishing, hiking, and other recreational activities. However, it’s crucial to understand that this ruling doesn’t grant unlimited access.
The Backcountry Hunters & Anglers organization has been a leading advocate for corner crossing access. They highlight that the legal status of corner crossing varies significantly from state to state. Montana and Colorado have similar legal challenges ongoing, while other states have clearer regulations. It’s essential to research the specific laws in the state where you plan to recreate. For example, Montana’s Supreme Court heard arguments in a similar case in November 2023, and a ruling is expected in 2024.
With increased access comes increased responsibility. It’s more important than ever to practice responsible recreation and adhere to Leave No Trace principles. This includes:
By following these principles, we can ensure that public lands remain pristine and accessible for future generations.
The Missouri corner crossing case and the Fred Eshelman ranch dispute represent a pivotal moment in the ongoing battle for public land access. While the Wyoming ruling is a significant win, the fight is far from over. Landowners in other states are likely to challenge similar access rights, and legislative efforts may be needed to clarify the legal framework surrounding corner crossing.
As outdoor enthusiasts, it’s our responsibility to stay informed, advocate for public land access, and practice responsible recreation. Organizations like Backcountry Hunters & Anglers, the Theodore Roosevelt Conservation Partnership, and the National Wildlife Federation are working tirelessly to protect and expand access to public lands. Supporting these organizations and engaging in the political process are crucial steps in ensuring that future generations can enjoy the benefits of our nation’s public lands.
I believe this ruling sets a positive precedent, but vigilance and continued advocacy are essential to safeguard our access to these invaluable resources. The future of public land access depends on it.