Friday, November 11, 2022

Showdown in Wyoming may define the rights of public access to checkerboarded public lands in the Western U.S.

Elk Mountain is a hunter's paradise. The 11,000-foot peak in southern Wyoming is home to hundreds of elk, deer and antelope. But there's a catch: "You can't get there from here," writes Michael Allen of The Wall Street Journal. "The sprawling mountain is surrounded by private ranchland. While the prime hunting ground is checkerboarded with federal and state property, a pattern created when railroads and settlers came, access is limited by an age-old Western doctrine. Ranchers consider it unneighborly for outsiders to hopscotch through their land by crossing over public sections that meet only at a corner."

Allen writes about four hunters from Missouri who got inventive. "Using a special stepladder, they climbed between two parcels owned by the federal Bureau of Land Management, taking care not to set foot on the private property on either side," reports Allen. But then things got sticky. "The local sheriff got involved, and before long the four hunters found themselves facing criminal-trespassing charges in state court. The prosecutor argued that it wasn’t enough that the defendants didn’t physically touch the private property," because they were in its airspace, Allen explains. The case is still in litigation.

"The courtroom clash is drawing attention to an anomaly of Western land ownership dating back to the 19th century," Allen said. "The digital navigation company onX says it has identified more than 8 million acres of state and federal land in Western states that are blocked from public access due to the legal gray area around corner-crossing. . . .That doesn’t stop some eager hunters, who are resorting to ever-more-exotic lengths to get past the legal barriers."

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