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[t]here is no evidence the hunters made physical contact with [Eshelmans] private land or caused any damage to plaintiffs private property., Utahs latest attack on the Antiquities Act, Hay yes, hay is sucking the Colorado River dry, Hey New York, weve survived decades of smoke. We already pay excess for your fences and cattle gaurds along the highway. There are millions of acres of public land across the West that are not necessarily accessible to the public, said Aaron Weiss with the nonpartisan think tank Center for Western Priorities. Note: Didnt Rinehart operate his own Real Estate Agency not long ago? My suggestion: If you want to keep the public off those parcels of PUBLIC LAND, THEN BUY IT , have it deeded and PAY TAXES ON IT , like the rest of America does. At that time the land owner was Henry Chesebouro. While they looked down their royal noses at the paysans, barrels of ten penny nails would magically appear strewn across their entrance driveways. I can drop a marker on my OnX right smack in the middle of his ranch from my living room. Skavdahl observed that with respect to the corner crossing issue [t]here is no evidence the hunters made physical contact with [Eshelmans] private land or caused any damage to plaintiffs private property, either in 2020 or 2021. Ranch owner in corner-crossing case drops Waypoint 6 trespass claim. In my opinion the Federal government has a responsibility to make sure theese places have some sort of Access!!! A federal judge received improper proposals which he neither reviewed nor considered regarding how he should decide on the high-profile corner-crossing trespass case, according to a ruling he We rely on readers like you to keep our reporters in the field unearthing the stories that matter to you. Im a professional Land Surveyor in Oregon, Washington and Idaho. It was never mentioned in this case what sections the Ranch land occupied. Way to go hunters! Again, pinned waypoints mean nothing and your whining about waypoint no. I would bet that theyre not on the publics side. You sir. I dont have the answer and I suspect most of us wont like the answer when it becomes enforceable law. What financial interest does he have? I dont think public should have to pay a fee to access public land. Suppose you sell someone a few acres in the middle of a piece of property that you own. The fact a rich man wants it all for himself is the real Truth here!! By, A manmade island in South Carolina provides much needed sanctuary for shore birds, Tens of thousands of Philly drivers have been disrupted after I-95 collapse, With protests expected, here are Miami's security plans for Trump's arraignment, Brazil is busy with Carnaval in February just one reason its Lover's Day is in June, Sage grouse will likely see increased protections, but conservation groups say they need more, Wyoming judge sides with corner crossing hunters in trespassing case, Coalition sues BLM over Wyoming wild horse management as agency plans summer roundups in the West, Federal lawmakers will try again to reform permitting amid energy transition, Marketing Opportunities for Businesses/Organizations. Unfortunately I was on In both the resolved criminal trial and the ongoing civil suit the hunters were alleged to have trespassed by passing through the airspace above Eshelmans property. Its 500 or 1000 above the highest object in the property iirc. Relying exclusively on the onX app could have put the hunters several feet onto Elk Mountain Ranch land. Good try hoping to pull the wool over our eyes. Of course the eshelman lap dog would agree with the proposal. It widens the divide between legitimate hunters and ranchers, a trend which shouldnt be the case if Christian values always governed behaviors. Public Raises More Than $50,000 to Defend Hunters Ticketed for Corner Crossing in Wyoming Some say the case could set precedent to possibly open access to millions of acres of public land. AZ has its share of ranchers who block access to public lands. We as the public should be able to access our public land.. The real questions are how high does a landowner own above his land and can a land owner claim damages due to someone else using puvlic land. In my home in fairly hilly farm & forest land in the Midwest, the settlement history goes back to the 1700s. Can Denver live up to its reputation of being a sanctuary city. To go hunting in another state & pull this stunt just to shoot a deer suggests a lot about these hunters !! Mr. Real Estate expert. I do not know how they can determine the accuracy of the app on the day in question, unless he was deep inside property lines AND they have a witness or photo proving it. Editor's note: In October 2021, four Missourians hunting in Wyoming were cited for criminal trespass after "corner crossing" from one square parcel of public land to another across adjoining cornerspresenting an opportunity to test an . Today, he can move from one plot to the other with more confidence that hes not setting foot on private property. The fact that you cant cross a corner that is EQUALLY owned, without touching his property is ludicrous. If corner crossing is legal, such a ruling would negatively impact my ability as a licensed real estate broker to list, market and attempt to sell rural and ranch properties, Rineharts affidavit reads. Sheridan teacher revolutionizes schools approach to reading. There are plenty of Demorats, maybe progressive Democrats, in Wyoming who dont yet know thst they are. Much of the land in this area of Wyoming is in a checkerboard pattern of public land/private land. It is actually pretty easy to accidentally touch the screen and mark a waypoint on the OnX map without being there. But recently, corner crossing made headlines after four hunters from Missouri used a ladder to climb over a fence to access Bureau of Land Management land near Elk Mountain. Shocked. Sounds like overall the Government played games and could lose. Tim Rouse. They are public lands, paid for by the public. Hikers, photographer, bikers etc. Eshelman knows hes on a sinking ship and is now throwing all sorts of excrement at the wall to see whatll stick. And.get the hell out of Wyoming as we dont want or need your type here. However, I too have seen the destruction people have caused to public lands as well. Judge scrutinizes corner-crossing claims at Casper hearing The upshot is to force the government to buy the inholding at exorbitant prices or trade it for much more land somewhere else. Chief U.S. District Judge Scott Skavdahl granted the hunters request to dismiss most of Eshelmans lawsuit that claimed the men trespassed and caused more than $7 million in damages. Is another catche. Mike Koshmrl/WyoFile. That theory will be tested at the civil trial, which is expected to take place next summer. It isnt the Kings deer! His point is moot unless they show tracking data that says it wasnt just a drop. 1st of all its public land so thats your problem 2= And if air space were made off limits how high does this go. Shame on him for keeping the public land as part of his own property. Eshelman, a wealthy North Carolina resident, has claimed that if corner crossing were permitted, the resulting public access to public land would devalue his 22,045-acre ranch by some 25% to 30%. Were they carrying wasting disease? They also control the accuracy of said system thus fluctuating its accuracy on a frequent basis. Waypoints dont prove presence at that location, its regularly used to reference a point of interest, i.e. And the trespassing hunters & fisherman would tell all their hunting & fishing buddies too. The hunters want Skavdahl to dismiss the civil lawsuit entirely. 1) you could actually and physically put yourself at this location and enter waypoint or 2) on the screen of your phone with the OnX software, scroll the cursor to that location and enter waypoint. The main argument is that stepping over private property violates the landowners airspace. Published September 28, 2022 at 1:33 PM MDT Listen 4:41 (Will Walkey/Mountain West News Bureau) A "no hunting" sign on Rattlesnake Pass near Elk Mountain, Wyoming The best way to understand the controversy around "corner crossing" is to drive around on a county road through southern Wyoming. There is a reason easements are written in plain legal language. 5 questions you asked about trespassing through airspace. regarding the loss of value. Even when the hunters grabbed two Elk Mountain Ranch fence posts, chained together as an obstacle at the first corner they encountered, and swung around them to step from public land to public land, they were protected by the UIA, which prevents landowners from blocking access to public land, the judge said. In this case, the Government created the problem in the first place by selling land to Ranchers in a Checkerboard pattern virtually land locking parcels. WyoFile could not reach Eshelmans attorneys Friday afternoon. When the land that is now private was originally deeded from the Federal Government into private ownership there was an implied easement to the now surrounded remaining federal sections of land. Did these guys have cooties? It is unenforceable. In a civil trial that seeks up to $7.75 million from four Missouri hunters, an advocacy groups amicus brief says the U.S. Supreme Court has already decided that hop-scotching public land sections is legal. It doesnt in any way grant exclusive use of the public ground unless it is land-locked by private. Just a little research will reveal that grazing permittees do not have the right/permission to control who can legally access federal (public) land. It's been a topic of much debate across the West in recent decades. For us as ranchers, those boundaries between private land and public land and state trust lands and that, they exist on a piece of paper, he said. It's Public Land. But the Public Can't Reach It. - The New York Times Like if it wasnt bad enough we took the land from the Native Indian in the first place, And the fact its probably owned by BLM!! Land owners pay huge taxes for their privacy not to mention property costs these days ! I recommend that all BLM and state leases should be revoked until the national public has access to the land that they really do own. This is a long overdue and singularly great outcome for the entire American public and anybody who enjoys public lands, the hunters attorney Ryan Semerad said. Elk Mountain and an entrance to Elk Mountain Ranch near Interstate 80 in Carbon County, Wyoming.Mike Vanata/WyoFile. If Smith was within a few feet of the Iron Bar ranch, but not on the ranch, is OnX precise enough to say? Seldom will you find interest in the environment and natural spaces as rich people seek happiness with pirated possessions. Charges dismissed in Wyoming corner crossing case - GOHUNT We rely on loyal members like you to sustain our reporting and grow the WyoFile community. I am fully aware there are many more details needed to complete this process so maybe this could be a springboard for more ideas. Woah- conservative republicans have every reason to fight for access to their public lands that they pay taxes to maintain. The only way to access public land is to corner cross. You cant just combine multiple parcels into one when it contains public land. How to find that balance is getting more difficult as our society becomes more divided between the haves and the have nots. Eshelmans team obtained data from onX and ran the coordinates through the onX program and another one, according to an affidavit. In todays world homeless people set up camps and communities on private land , green spaces, public lands, parks, in peoples yards and other property that they do not own and sometimes the rightful owner spends thousands of dollars and months if not years in the court system trying to get them evicted. such as the Wyoming case where it was . It is a issue that need to be solved. The hunters say they never touched Elk Mountain Ranch ground as they stepped from one piece of public land to another in an area of checkerboard-pattern land ownership in Carbon County. Farmers/Ranchers are absolutely horrible on fence maintenance/Repair. But doubtful that will happen because this particular landowner wants SOMETHING FOR NOTHING !! Remember the Golden Rule! And maintenance is expensive. Summary: On May 26, 2023, the District Court of Wyoming found it legal to cross through private airspace when stepping from public land to public land over a shared public/private corner. The peak features a 3.5-mile round trip hiking trail, awesome rock climbing, and incredible views. The greed old bastard & his realty guy are probably in cahoots together trying to figure out how to sue the government because they certainly have much deeper pockets than a few hunters. Who wants to bring your family to hike or camp in Wyoming then end up in an expensive legal action because some wealthy individual claims youve trespassed? I will be able to sue aircraft flying over my property! This landowner pays a SMALL LEASE FEE only and NO PROPERTY TAXES ON THOSE SECTIONS OF LAND. The public should never be denied access to public land. Corner crossing lawsuit is the latest fight over Mountain West - KUER In a search for compromise and a clear resolution, Weiss advocates for creating corridors on each corner defining where the public can and cant cross. He claims the damages just from that one corner crossing could be more than $7 million, as reported by WyoFile, a news organization that's covered the conflict extensively. Eshelman alleges the Missouri men trespassed on his 22,045-acre Carbon County ranch in 2020 and 2021. Wyomings top federal prosecutor believes that Carbon County justice officials did not violate federal law when they charged Missouri men with criminal trespass at Elk Mountain Ranch. A genuine dispute of material fact exists to preclude summary judgment concerning the alleged Waypoint 6 trespassing (which does not involve corner crossing) Skavdahl wrote in his 32-page order. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), A ranch gate at Elk Mountain. Unfortunately, the farming & ranching business has a massive lobby presence across this country. All this is about is Safari Club International guiding hunters for outrageous prices on the entire mountain and not wanting there hunters and guides to have to compete with other hunters. Regardless, if the land does lose value, the value lost is the public access that belongs to the public. * No personal attacks, profanity, discriminatory language or threats. Lets see , it seems to be a CLEAR CASE of GREED going on here. In my opinion he does not on the air space anymore than he owns the rivers. For more than a decade, the Utah Stream Access Coalition has contested a Utah law that enables property holders to deny public access to streams flowing through private land. To the even numbered sections. All he is doing is denying the public the right to use public land. At one corner they used a makeshift fence ladder to climb over two T-posts that blocked the corner, evidence at their criminal trial revealed. I already share with wolf, bear, bobcat, etc..and some rural assault geese. *WyoFile does not fact check every comment but, when noticed, submissions containing clear misinformation, demonstrably false statements of fact or links to sites trafficking in such will not be posted. If you checkerboard farm ground would that mean the farmers with the inside squares couldnt get to their ground legally to farm it? He is being petty about it. This is TOTALLY RIDICULOUS!! This issue infuriates me! Ranch owner: No $7M claim if judge rules corner-crossers - WyoFile Eshelman is getting desperate, here, very desperate. Public lands belong to all Americans, including the two that feel others shouldnt enjoy federal lands, and thus include it in their portfolios, whether a Real Estate agent complaining about making less because of the public accessing their land. The hunters did not trespass on his land. Who owns the airspace above their property? In fact, many private landowners allow hunters to access their properties or grant easements for safe passage. In a civil trespassing case, lawyers have named potential witnesses for a trial that seeks $9 million and tests a public-land access claim. I DO NOT ADVOCATE unlawful procedures. The landowner cannot obtain such a damage award from these individuals by having greedily and wrongly bet that he could exclude the public from public lands. Public Land Hunters Win Corner Crossing Case in Wyoming They then hiked to a checkerboard corner adjacent to another public land section which they crossed onto. I woke up here in Texas today and within 10 minutes had three spots in New Mexico pinned without ever getting out of bed. Contact him at angus@wyofile.com or (307) That would sure blow the heck out of drones. It is PRIVATE PROPERTY! By private property. Elk Mountain appears to have ample wildlife values. Participant. Private property owners no matter how rich or poor they are have a right to limit access on or through their property, its THEIR LAND and being old school where I come from we ask permission first and introducing ourselves and hand shaking on deals and your word is your worth so you keep to it no matter what, thats the real cowboy way! Maybe the BLM or Forest Service need to cut a public easement through this property using eminent domain. The (in this case) billionaires would love to have a chance to buy the public land. Whether they stepped, jumped or set a ladder over a fence, as long as they didnt touch his land air space should be irrelevant. At three different corner monuments he noted their coordinates as revealed by his surveying equipment, said to be more accurate than cell phone GPS. So force the greedy ranchers to buy back the land from wyoming tax payers at the current value, or stop being unreasonable. Otherwise we all loose!! Required fields are marked *. This is followed by an appraiser establishing a value to compensate the landowner who is giving up the new easement and a survey by a licensed surveyor which defines the exact location and dimensions of the route.

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