Wyoming corner crossing case

  • Michael Best
    Posts: 924
    #2205747

    The Mo hunters won the first go round in district court.
    After being found not guilty last year in their criminal case they have now won the civil case Elk Mountain ranch brought against them.

    For those that haven’t followed the story. Elk mountain ranch owned by a NC businessman filed a 7.5 million dollar lawsuit against the four hunters. He claimed they violated his airspace by crossing at the property corners. In doing so his damages were 7.5 million. Basically when he purchased the ranch his purchase price was inflated do to access issues to the checkerboard public/private property.

    https://www.wyomingnewsnow.tv/2023/05/27/four-missouri-hunters-win-their-civil-trespass-case-wyoming-courts/?outputType=amp

    gimruis
    Plymouth, MN
    Posts: 14783
    #2205750

    I’ve been following this too. I thought that one of the hunters did in fact physically take one step on his land. Maybe not though.

    BigWerm
    SW Metro
    Posts: 10185
    #2205753

    Glad to see these decisions go the right way imo. However I do somewhat understand the landowners perspective as he likely bought the land at an inflated price due to an ability to access the previously land-locked public land.

    Youbetcha
    Anoka County
    Posts: 2357
    #2205768

    Thats great to hear they did the right thing. This will open up millions of acres of public.

    Michael Best
    Posts: 924
    #2205769

    I’ve been following this too. I thought that one of the hunters did in fact physically take one step on his land. Maybe not though.

    I haven’t heard of any hunters stepping on his land. However the landowner subpoena the hunters OnX data and one of the hunters had a waypoint on his land.
    His argument was that since they had a waypoint on his land they were on his land to create the waypoint.
    You do not need to be at the location to save waypoint for that location. If I am not mistaken an OnX representative testified in the court case for the hunters.

    Rick Janssen
    Posts: 314
    #2205775

    If you want to know more the Meateater Podcast has had the hunters on a few times and have kept up with the developments.

    MX1825
    Posts: 3001
    #2205778

    I’ve followed this case also. Glad to hear that the civil case went in the hunters favor.
    To me everything I have read the NC businessman is a very rich arrogant AH. If he over paid for land that’s on him. He should not be bailed out by a civil case lawsuit. Joe blow doesn’t get paid for his losses. Everybody gets burned on purchase sometime in their life.JMO

    TheFamousGrouse
    St. Paul, MN
    Posts: 10978
    #2206375

    It’s ridiculous that any case, civil criminal, was brought against these hunters.

    The ban on corner crossing is pure bullsh1t and everyone knows it. The only ones dragging their feet are western judges who are in the pockets of the big money ranch owners.

    It has LONG ago been established that there is no ownership of airspace. Hundreds have tried to establish ownership of the air above their property and the courts have denied every single claim.

    So if you can’t own airspace, by default it is possible to step from one corner to another without trespassing.

    MX1825
    Posts: 3001
    #2206381

    The landowners claim is by allowing corner crossing devalued his property. He bought it with the understanding the public land was inaccessible and paid $$$$$$$$ for his land with basically the idea he was getting extra acres that only he could access. The civil suit if he won would of recovered some his $$$$ bawling Too bad for him. devil

    Eelpoutguy
    Farmington, Outing
    Posts: 9808
    #2206429

    The case came into prominence when a private landowner charged the hunters with criminal and civil trespass while crossing on the corners of public lands at Elk Mountain in Carbon County.

    What possibly would the criminal aspect be?
    I see the civil trespass but criminal, that’s a stretch.

    Michael Best
    Posts: 924
    #2206431

    The case came into prominence when a private landowner charged the hunters with criminal and civil trespass while crossing on the corners of public lands at Elk Mountain in Carbon County.

    What possibly would the criminal aspect be?
    I see the civil trespass but criminal, that’s a stretch.

    This story begins with the ranch Forman calling the sheriff on them and claiming they were trespassing. Originally the sheriff wasn’t going to charge them.
    The landowner pressured the DA to have them charged.

    When it comes to corner crossing. It is a gray area. Some sheriffs will issue tickets. I can see sheriffs siding with landowners since those landowners are their voters. Not some NR hunter.

    MX1825
    Posts: 3001
    #2206435

    When it comes to corner crossing. It is a gray area. Some sheriffs will issue tickets. I can see sheriffs siding with landowners since those landowners are their voters. Not some NR hunter.

    [/quote]

    This landowner is not voting for the local Sheriff in Wyoming. He lives in North Carolina.

    Randy Wieland
    Lebanon. WI
    Posts: 13297
    #2206456

    I’m glad this has taken place and the hunters fought it all the way through. This case will open the way for us all that wish to utilize previous unavailable access

    Michael Best
    Posts: 924
    #2206461

    When it comes to corner crossing. It is a gray area. Some sheriffs will issue tickets. I can see sheriffs siding with landowners since those landowners are their voters. Not some NR hunter.

    This landowner is not voting for the local Sheriff in Wyoming. He lives in North Carolina.
    [/quote]

    In this situation you are correct. However checkerboard land is all over the west. This is an issue in multiple states. Not just Carbon county Wyoming.
    In Larimer county Colorado the sheriff will issue a ticket for crossing at a corner because the locals that live there want it prosecuted.

    Michael Best
    Posts: 924
    #2206462

    I’m glad this has taken place and the hunters fought it all the way through. This case will open the way for us all that wish to utilize previous unavailable access

    This is a great first step but it’s not going to set a precedent for other parts of the state.
    Since it’s a district court ruling in won’t have any weight outside that district.
    The big question is will the land owner appeal the decision and which route is he going to go. State Supreme Court or circuit court.
    I am hearing rumors that other land owners want this landowner to let it be. Because they are afraid of what’s to come.

    iowa_josh
    Posts: 407
    #2206464

    It is weird they have public land like that when they could just eminent domain a few feet of the guy’s land and not have an issue.

    Michael Best
    Posts: 924
    #2206465

    Here is an update on the last piece of the court battle.
    The landowner dropped the last claim.

    Ranch owner in corner-crossing case drops Waypoint 6 trespass claim

    MX1825
    Posts: 3001
    #2206480

    MB I understand your response but I think more hunters will push the CC/trespass citation. I also think other judges will look at this situation and maybe proceed differently in the future. Precedent maybe, maybe not. Also if it was decided by a jury it could have been a whole different can of worms.

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