A federal three-judge panel ruled in favor of hunters facing civil trespassing charges for crossing “checkerboard” lands in Carbon County, Wyoming. The hunters, who moved between Bureau of Land Management sections during elk-hunting trips in 2020 and 2021, caught the attention of Fred Eshelman. His Elk Mountain Ranch stretches over 50 miles in southeastern Wyoming, where public and private lands intersect. Eshelman argued that losing exclusive access to these public lands would decrease his property’s value by $9 million.
The civil trespassing case sparked nationwide interest as both sides sought clarity on whether crossing at land corners constitutes trespass. According to Brad Cape, one of the hunters, the case received significant media coverage due to its unusual nature. “Nobody in my part of the world knew that corner crossing was an issue,” Cape said. Public access advocates backed the hunters, raising nearly $118,000 to cover legal fees through organizations like MeatEater and Backcountry Hunters and Anglers.
The Unlawful Inclosures Act of 1885 was pivotal in the court’s decision. The act aims to prevent land monopolies. The court stated that Iron Bar Holdings, owning Elk Mountain Ranch, cannot block access to federal public lands. The 10th Circuit Court’s unanimous decision reinforced public land access rights within its six-state jurisdiction. “The district court was correct to hold that the Hunters could corner-cross as long as they did not physically touch Iron Bar’s land,” the 49-page order noted. Montana’s nearly 900,000 acres of “corner-locked” lands and over 8 million acres across the West underscore the issue’s relevance.
Buzz Hettick from Backcountry Hunters and Anglers expressed satisfaction with the legal clarity provided by the ruling, likening it to Montana’s Stream Access Law. He noted that while landowners initially resisted, understanding and acceptance are crucial. Greg Weisz, Iron Bar Holdings’ attorney, has not commented on the decision. The ruling attracted attention from groups advocating for public land access and those opposing corner-crossing.
The United Property Owners of Montana filed an amicus brief, arguing that expanded corner-crossing could burden federal oversight with risks like poaching and littering. UPOM policy director Chuck Denowh expressed hope for an appeal to the U.S. Supreme Court. The hunters ensured they did not step on private land, even using a special ladder to traverse public sections. “Still got it,” Cape said about the ladder, indicating it might see future use.
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