Appeals court backs corner crossing case
On March 18, the U.S. Court of Appeals for the 10th Circuit located in Denver ruled in favor of four out-of-state elk hunters who were sued for corner crossing to access public land in Carbon County.
A three-judge panel, comprised of David Ebel, Timothy Tymkovich and Nancy Louise Moritz, unanimously upheld a 2023 ruling from Wyoming U.S. District Judge Scott Skavdahl, siding with the hunters.
Court decision
A 49-page decision, written by Tymkovich, concluded the Missouri hunters did not trespass on Iron Bar Holdings LLC ranch property in 2021.
The court ultimately based its decision on a provision of the 1885 Unlawful Inclosures Act (UIA), passed by Congress to “harmonize the rights of private landowners and those accessing public lands.”
The court concluded, based on case law and language in the law, “any inclosure of public lands is prohibited, and no one may completely prevent or obstruct another from peacefully entering or freely passing over or through public lands.”
“The Western checkerboard and UIA reflect a storied period of our history,” Tymkovich writes. “Whatever the UIA’s merits today, it and the case law interpreting it remain good federal law. Applying this law here, Fred Eshelman’s landholding company cannot implement a program which has the effect of ‘denying access to federal public lands for lawful purposes.’”
In 2023, Skavdahl ruled the law prohibits private landowners from preventing others from corner crossing in the checkerboard area of Wyoming, as long as they do not step on to private property.
Tynkovich adds, “So, the district court was correct to hold the hunters could corner cross as long as they did not physically touch Iron Bar’s land.”
Moving forward
However, under the 10th circuit’s jurisdiction, this decision legalizes corner crossing between sections of federal land in six states including Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.
The case has implications not only for the 2.4 million acres of “corner-locked” land in Wyoming, but also for 8.3 million acres across the West.
The practice of corner crossing involves navigating the intersection point where two corners of public land parcels meet, enabling hunters, anglers and other outdoor enthusiasts to access otherwise isolated sections of public land.
The recent federal court decision carries significant implications, as it may help clarify the legality of corner crossing.
State Rep. Karlee Provenza (D-H45) told Cowboy State Daily in a March 18 article by Mark Heinz, if the Wyoming Legislature were to consider banning corner crossing, federal law would prevent such a prohibition.
However, the case could also still be appealed to the U.S. Supreme Court, but unlike circuit court appeals, the Supreme Court is not required to hear the appeal, according to the U.S. Department of Justice.
Provenza shares she can see this as a possibility, but is confident the Supreme Court would uphold the 10th Circuit Court’s decision.
Supporters of corner crossing argue sometimes it is the only way for the public to access vast areas of federal land in Wyoming and other locations otherwise inaccessible.
On the other hand, opponents contend this practice infringes on private airspace, disrupts landowners’ enjoyment of their property and can lead to a decrease in property values.
Melissa Anderson is the editor of the Wyoming Livestock Roundup. Send comments on this article to roundup@wylr.net.
