A federal judge ruled that four hunters from Missouri did not trespass when they corner-crossed the Elk Mountain Ranch in Wyoming held by Iron Bar Holdings LLC, as they did not touch the property or its airspace and did not damage the property.
U.S. District Judge Scott W. Skavdahl for the District of Wyoming ruled in part for the hunters and in part for Iron Bar Holdings LLC, managed by Fred Eshelman.
Corner crossing is the practice of crossing from one corner of public land to another diagonally without setting foot on private property. According to a report by OnX, a mapping software recreationists use, there are 8.2 million acres across 11 Western states of corner-locked lands. OnX states there are 27,120 land-locked corners and no law states explicitly that stepping over a property corner from public land to public land is illegal.
History
The hunters, Phillip Yeomans, Bradly Cape, John Slowensky and Zachary Smith, all from Missouri, encountered two steel posts with a chain connecting the two and “No Trespassing” signs on their hunt in 2020. A survey marker between the two posts designated which sections were private and owned by the Bureau of Land Management.
According to court documents, since the chain presented an obstacle to passing over the survey marker, the hunters held onto the steel post. They swung around, crossing over the airspace of private property, but did not damage the property.
The plaintiff never consented to the hunters passing through the airspace. The property manager confronted the hunters and wanted the sheriff’s deputy to issue a citation for trespassing, which they did not.
In 2021, the four hunters used a small A-frame ladder over a “No Trespassing” sign to cross from one parcel of public land to another while on an elk hunt in 2021. The property manager approached the hunter several times on public land and eventually contacted the prosecuting attorney’s office after the game and fish officers and the sheriff would not issue a trespassing violation. The prosecuting attorney convinced the sheriff to issue a trespassing violation to the hunters, and a Fish and Game officer told the hunters they were not allowed on public lands again. The hunters were acquitted following a jury trial in 2021.
Iron Bar Holdings also brought a civil suit, claiming the hunters caused more than $7 million in damage.
Ruling
Skavdahl stated the issue of the suit was two-fold and intertwined: Iron Bar Holding’s ownership of the airspace over the land and the right to exclude others from the airspace.
The Wyoming Stock Growers Association and Wyoming Wool Growers Association filed an amicus brief stating the right to protect private property is stated in the Wyoming Constitution and the federal government does not authorize trespass across private lands, including in the airspace.
“The scope of property rights on private lands in common corners has yet to be decided in the state of Wyoming; this question should be certified to the Wyoming Supreme Court before it can be determined whether the act of corner crossing is considered a trespass,” Karen Budd-Falen, attornery for the ag groups, wrote in the brief.
In analyzing the case, Skavdahl used the 1914 case of Mackay v. Unita Development Co., which concerned driving sheep across land and resulted in Mackay’s arrest and a civil suit. The 8th Circuit Court of Appeals held that Mackay should have a reasonable right of passage over the company’s lands to access public lands.
“The many similarities cause the court to conclude the core principle of Mackay, that private individuals possess ‘a reasonable way of passage over the unenclosed tract of land without being guilty of trespass’ within the checkerboard applies to the circumstances of this lawsuit,” Skavdahl wrote.
The judge cited another 1974 case from the 10th Circuit Court. In that case, the court ruled that for someone to trespass into a property’s airspace, they had to, in some other way, damage the property or interfere with the use of that property.
The suit also states the OnX app shows one of the hunters was on private property in 2020 when he designated it as “Waypoint 6” on the app. Skavdahl did not address the waypoint matter in his ruling, but stated any trespassing damages would be limited to “nominal damages.”
Reaction
Eric Hanson, an attorney who represented Backcountry Hunters and Anglers (BHA) on their amicus brief in the case, told OutdoorLife the ruling does not mean corner crossing is legal in every state and it has to work its way through more courts.
“This has to work its way up the chain of appeals before it becomes more binding,” Hanson said. “This is a big first step, but it’s not necessarily going to apply outside of Wyoming. The court was very careful to put this in just the context of the case, not a national context.”
BHA President Land Tawney applauded the ruling, calling it “a win for the people, both in Wyoming and across the country.”
Montana Fish, Wildlife & Parks Deputy Director Dustin Temple said in a statement corner-crossing is unlawful in Montana and wardens will continue to report corner crossings to law enforcement.
Montana lawmakers have tried to settle the issue with previous legislation but have yet to be successful.
BHA stated the case would most likely be appealed, which could escalate the matter to have a precedent-setting impact.
Earthjustice called the ruling “a significant, positive development for public land users across the West,” but cautioned it would be appealed to the 10th Circuit Court of Appeals where “a decision will have even more significant and far-reaching effect.” — Charles Wallace, WLJ editor
