The hunters made complaint of wildlife harrassment to DO/game wardens but they failed to enforce state laws on such. Take it all the way to the U.S Supreme Court. Use eminent Domain to provide access to all public property! Who owns the airspace above their property? The LAND belongs to us all. Seems to me that Fred is getting nervous that not only he may lose, but lose big. On its website, onX itself says user-marked points are usually accurate within +/- 2 meters, or about 6.5 feet. Body cam shows Game and Fish officer, sheriffs deputy explaining why they wont charge hunters as Elk Mountain Ranch manager protests. No they were hunting for elk. 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. The hunters did not trespass on his land. I wish them luck. Skavdahl had little difficulty finding that Missouri hunters met the burden of proof to keep the action where federal public-land access laws apply. The opposite also figures here. Inside the Wyoming Corner Crossing Case Everyone is Watching Re: the waypoint alleging one of the hunters set foot on the private land. If ranches are valued by how much public land they possess for their exclusive use, then let the buyer beware. He is allowed to be all over public land that he treats as his own, for the low price of 1.35 per aum. Actions by individuals like the plaintiff give our state a black eye, discouraging visitors who want to enjoy public lands, and making it difficult for Wyoming guides and outdoor businesses to attract and bring in tourist dollars, a significant funding source for our state economy. That would amount to between $7.75 million and $9.4 million, according to WyoFile calculations made from his civil complaint and associated documents. Where the congressional statute says congress decided to allocate the uneven numbered sections of land serving! Change sucks! It doesnt pay property taxes on those public parcels, I (we) do, and as such should have access. He first arrived in Wyoming in 2020, where he covered Teton County for KHOL 89.1 FM in Jackson. The Missouri hunters apparently exhibited intent to locate the actual property line by utilizing OnX and any trespass was normal whilst trying to locate the actual property line. = no hunters. History, federal case law, federal statutory law, and recent Wyoming legislation demonstrate corner crossing in the manner done by Defendants in this case is just such a restriction on Plaintiffs property rights, he wrote. The waypoint proves he trespassed, Eshelmans latest filings state. They used the program to mark several places they hunted and hiked, including spots near the common corners they crossed and places where they killed elk or deer. We already pay excess for your fences and cattle gaurds along the highway. Altough the selfish landowners with big bucks fought like crazy to keep the public out, justice eventually prevailed. Eshelman is whats wrong with this country. If you SET FOOT on (property ) deemed , allocated and certified PRIVATE , then that would be ILLEGAL. This needs to play out in the courts. His grievance is with the real estate company that falsely told him that he had exclusive use of that public ground.. Im not sure, given the accuracy of gps, that one can assert that a way point on the border was in one parcel or another. He said hunters, hikers and others once relied on topographic maps to negotiate public land boundaries. What is relevant is, the Missouri 4 physically located corner markets and crossed over without ever touching the Eshelman property. The ruling has implications for public access to 8.3 million acres of corner locked public land in the U.S. BLM is public lands and should not be land locked by any means just like rivers. Pheasant Valley Hunting Ranch - Pictures I dont see how, he said. The Evanston Port of Entry lies beyond the . BLM conservation rule divides Wyoming public land users, Former Secretary of the Interior James Jim Watt dies at 85, Proudly powered by Newspack by Automattic. I dont have the actual statute in front of meet so if you have interest please look it up yourself. Shame on the government for ever letting this happen in the first place. Somehow, there needs to be a common sense approach to allow the public to access at least some of this land. They're all different facets of the same coin I think.. Since when do private land owners own the Airspace? Elk Mountain appears to have ample wildlife values. Interstate 80 East / U.S. 189 North - Unita County - AARoads - Wyoming Comical. If corner crossing were legal, the only harm to Eshelman would be that he couldnt keep public land for his exclusive use. NOT A REAL COWBOY WITH REAL ETHICS AND A REAL HEART!! I like the stance of the Farm Bureau, very professional and neighborly. They showed law officers screen shots of their app, including waypoints they marked at the corners. (Mike Vanata/WyoFile) Facebook Twitter Email Share The ranch owner suing hunters for trespassing through his airspace to access public land says he would drop his damage claim of some $7.75 million if a judge rules in his favor in a landmark corner-crossing case. They then hiked to a checkerboard corner adjacent to another public land section which they crossed onto. He is a veteran Wyoming reporter and editor with more than 35 years experience in Wyoming. Private Individuals dont own public land and cant keep the public off, this NC resident, not a Wyoming resident needs stop. Im one of those ranch owners in the checkerboard area outside Rawlins right down the road from the elk mountain ranch and I have no problem with people crossing at my corner to access the BLM land behind me. Private Elk Mountain Ranch land walls off thousands of acres of public land on wildlife-rich Elk Mountain, barring access to much of that public land without corner crossing or landowner permission. Thanks for your support of WyoFile! He is being petty about it. This is all about the rich locking up public land that every tax paying American has a right to use for recreational purposes. There are no fences, because Eshelman grazes cattle on the BLM lands. Elk that the adjacent landowner apparently declared were his property. Buying that land would end all this BS. Wyoming corner crossing case receives over $60,000 donated to help with legal fees. Its 500 or 1000 above the highest object in the property iirc. This is one of many ways, big ranchers keep illegal control of public land. A federal judge in Wyoming has ruled in favor of four hunters in a case that tested the legality of "corner crossing," or stepping from one parcel of public land to another over a common corner shared with private property - a common practice due to the checkerboard pattern of land ownership in parts of the Mountain West. So, now its a demand thsmat the judge rule it is trespassing or hell proceed with a $7.75 million lawsuit? An expert witness in a multi-million-dollar lawsuit against four hunters accused of passing through the airspace above Elk Mountain Ranch says the alleged trespass has damaged the ranch by $1.64 million more than the $7.75 million previously asserted. This case needs to be distilled down to that very core issue. Being in Colorado I can appreciate that private lands help support wildlife by limiting pressure and providing habitat, often santuaries relative to our heavily pressured public lands. Is there a claim that the waypoints were so far into the property that the margin of error for gps is exceeded by the way point position? How climate and cost cramp bigleaf maple syrup production. Since, one can float over anothers land in Wyoming and portage around obstructions in those streams, then the same would apply to a ladder; and, very likely the ladder would not be neccessary on the same legal principal used to justify the portage. Farr. Give property lines a wide girth and get permission if possible to access private property! After fewer than two hours of deliberation Friday, a Carbon County jury found four Missouri hunters not guilty of trespassing for corner-crossing at the Elk Mountain Ranch in 2021. Members of the United States Congress, their staff, and more than a hundred activists, advocates . Ranch property manager Steve Grende said at the criminal trial that Eshelman was actually on the east side of Elk Mountain when the Missouri men were hunting public land on the west side. Not guilty: Corner-crossing hunters acquitted - wyomingnews.com And this outfit probably contributes much less overall to the local community than a family owned outfit that relies on their community. Here, like in other parts of the West with a lot of federal public land, fence lines can mark where private land ends and public land begins, forming a grid irrespective of physical geography. A closely watched case regarding public land presumably locked up by checkerboard ownership should be dismissed, defendants attorney argues. There are thousands and thousands of acres of PUBLIC land in Wyoming that is landlocked and surrounding landowners act like THEY own it. It is also at the root of a potentially far-reaching case in federal court in which a Wyoming landowner. And if judges can subvert these tenants, ignore our rights, or be bought off they need to be removed. Eshelman should absolutely be ashamed of himself. That would sure blow the heck out of drones. Hunters harvest were nothing but legal. Smith denied on Thursday that he ever set foot on Elk Mountain Ranch land, according to a court declaration. All farm animals violating this rule should be rounded up and sold to meat processors. Just because a hunter puts a marker down mean ZERO towards trespass. 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 opinion the Federal government has a responsibility to make sure theese places have some sort of Access!!! The peak features a 3.5-mile round trip hiking trail, awesome rock climbing, and incredible views. Read that article again..this ranch owner is from North Carolina hes not a local. Hunters who have pleaded not guilty to criminal trespass charges claim that it is ranch operators who broke the law by harassing them while on public land. To go hunting in another state & pull this stunt just to shoot a deer suggests a lot about these hunters !! We had similar cases in our area mostly over fishing on small lakes surrounded Im not going to sue anybody, I promise. Therefore it would literally turn the case against the complaint for using public land to sell hints on.,thus violating the laws themselves. Both sides claim that historical and legal precedents and practices back their cases. Private landowners subject to forced or lawful corner crossing? Hunters hunting on his land would be another matter. What Hunters Should Know about the Corner Crossing Victory or is this some of the communism we dont want, Commerce started WWII and US (us indigenous people fought to free those hurt by communism) we did it with the CODE TALK, now why if that worked that we contributed the VICTORY we can not have a say in this because the LAND HERE IS STILL OURS? I believe Eshelmans beef is with the real estate agent who sold him the property under precedent all public land within would be his and his only. 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. So he has no claim to any airspace above that area at all. Angus M. Thuermer Jr. is the natural resources reporter for WyoFile. Id like to know how much Mr rich millionaire contributes to local economy. And stay away from property lines !!!! As for little ole me, the moment Eshelman loses this case Im going corner cross onto what was once his secret little BLM parcels and I hope that Ranch Manager Steve Grende comes on out and tries to show what a big man he is. This has to be stopped. Trespassers, people who have to continually crowd property lines are a distasteful lot & Ive seen anywhere from a 2 foot accuracy to over a 100 yard difference at a known point vs. what onX was telling me. Hope the judge rules against him n thoroughly reprimands him! You sir. Thats not democrat, thats being a good Wyoming sportsman. Westin is the head trainer for Double Down Horse Ranch that is founded in Benjamin, Utah Westin was raised with a passion for horses and continues to grow his knowledge and skill. Well, after we purchased our property, we found that about 5,000,000 million people per year also access our Yellowstone. Assuming that assertions made so far are true, the corner crossing should be allowed in order to access the public lands. Corner crossing involves stepping from one piece of public land to another at the common corner with two pieces of private property, all arranged in a checkerboard pattern. If he wins the court fight then government should put an easement right through him using eminent domain. Posts: 544. Your email address will not be published. Deputy county attorney asks judge to limit prejudicial pretrial communication after WyoFile published a video contained in court files. Alternatively, if we assume for sake of argument that the hunters were incorrect, then they crossed a corner illegally on a few occasions actions that would be now clarified as unlawful and prohibited in the future. 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. Dismissal Likely Not The End For 'Corner-Crossing' Case, As Appeals Can It was never mentioned in this case what sections the Ranch land occupied. They wouldnt dare try these intimidation tactics in the Appalachian spine. Its a shame that we the people are locked out of the millions of acres of public land. And maintenance is expensive. In the few days they hunted there, the show-me-state hunters were successful. Total fabrication loss figures that is for sure. The. This whole thing is rediculous. Besides, the stereotypical out-of-state landowner is just as likely a dem as a republican. In fact, many private landowners allow hunters to access their properties or grant easements for safe passage. Mr. Seiber therefore surrendered the dinosaur to the Federal government which placed it in the Museum of the Rockies in Montana. 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. Maybe there should have been a realistic appraisal to begin with one that acknowledges the Publixs right to access. This joker acts as if the public land is for his sole use. A friend of mine owns a fairly significant landholding within the checkerboard belt of Wyoming. If the public cant use the blm land in question then trespassing includes the ranch owner also. A person placing a single step on his property is also pretty irrelevant. Also lane that can only raise xxxx amount of cow/calf a year to go to market is not the most profitable land to start with. If he claims the airspace above his property he should have to pay taxes on it. Going to neighbors or a store on foot or horses and wagons always stayed on trails that were always laid out on ridges or bottoms. I used to do it all the time with my kids when we lived there-just out enjoying nature (certainly not rich city SOB as you suggested). If he thinks public access devalues his property, fine. This is the wealthy landowners seizing access to public lands. Anlex V Brubaker Mann Inc. They understood that GPSs are only accurate to about 30 feet so they looked for the marker at every corner before crossing.. The article states that the men located the corner monuments. Whether they stepped, jumped or set a ladder over a fence, as long as they didnt touch his land air space should be irrelevant. Coupled with recent legislation passed by the Wyoming Legislature, we are happy that common sense and the rule of law prevailed, his statement reads. Corner crossing lawsuit is the latest fight over Mountain West land access. Corner crossers: Wyoming ranch owner broke federal access law That public land is NOT his. The OnX GPS isnt has a significant margin of error and could record a point being off by tens of meters. The courts need to set a precedence in this case so that public land is accessible to the American people who all in one way or another have a vested interest in the United States public lands. Ranch owner in corner-crossing case drops Waypoint 6 trespass claim Eshelmans attorneys shouldnt get away with this assertion because Geo locators are not precise which could be proven in court. Maybe a large group of hunters should hire a helicopter to drop off one hunter on each parcel of public land, that would be more than enuff to scatter the elk herd so everyone has a chance of a successful hunt, not just the people willing to pay 10 k plus for a guided hunt on the ranch in question! This is illegal both federally and in state and common law. By using OnX, it proves that the hunters had NO intention to trespass on the property owners land. I believe its BLM who is at fault they need to provide access to this public land. So force the greedy ranchers to buy back the land from wyoming tax payers at the current value, or stop being unreasonable. The wealthy out-of-state Elk Mountain rancher considers public land as his own and pays very little for his leases and hunting rights. Technically there is no access to these Government BLM / American Citizen owned parcels without crossing private land. 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 filed Friday. As a whole, I believe corner crossing should be allowed. If the UIA applies, then corner crossings have been legal at least since the passage of the UIA in 1885. Nevertheless, a realtor or appraiser who makes a reasonable assumption about the law that is only later found to be wrong should not be liable for over-valuing the property, he wrote.
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