Corner Crossing latest

[BuzzH]

The other threads are just getting too long...newest article:

Skavdahl’s ruling applies to a 40-mile-wide swath across southern Wyoming where federal railroad-construction land grants created an ownership checkerboard on either side of the Union Pacific line. As a result of Skavdahl’s ruling, corner crossing is now legal there.

Corner-crossing hunters: Cattle King era is over - WyoFile

In response to a suit claiming they trespassed through the airspace of a ranch, four Missouri hunters trace Western legal history that rebuffed landowners blocking access.

wyofile.com

 

[seeth07]

I'm very curious if those 4 hunters returned this year and hunted the same property?

How about anyone else?

 

[BuzzH]

I'm very curious if those 4 hunters returned this year and hunted the same property?

How about anyone else?

No, they did not.

But I know others that did a lot of crossing this year in the Checkerboard...or so I've heard.

 

[LopeHunter]

I had a tag in the area and had my spouse drop me where the public paved road passed through a public square of land. Was before OnX so not always obvious to hunters what fences were okay to climb. You had to read maps. Decipher roads, railroad tracks, etc. then read the odometer as drove from that landmark towards a square you thought was good to hunt. Yes, I am ancient. And, you are not getting your baseball back.

 

[Irrelevant]

No, they did not.

But I know others that did a lot of crossing this year in the Checkerboard...or so I've heard.

As in heard your own feet? LOL

 

[Elky Welky]

Still quite interesting that UPOM got their greedy hands involved. Nobody knows who is in that group. There are many ranchers and landowners who live in the area UPOM purports to represent that have never heard of them.

I also think it is interesting that the court found that an undisclosed group of Montana property owners has any standing to file an amicus brief, when the 10th circuit's ultimate decision will still not affect the outcome in MT, as MT is not a 10th circuit state.

 

[manitou1]

The other threads are just getting too long...newest article:

Skavdahl’s ruling applies to a 40-mile-wide swath across southern Wyoming where federal railroad-construction land grants created an ownership checkerboard on either side of the Union Pacific line. As a result of Skavdahl’s ruling, corner crossing is now legal there.

Corner-crossing hunters: Cattle King era is over - WyoFile

In response to a suit claiming they trespassed through the airspace of a ranch, four Missouri hunters trace Western legal history that rebuffed landowners blocking access.

wyofile.com

Hey Buzz: Why is this only applicable to those certain checkerboard parcels in S.Wyoming and not the checkerboard lands elsewhere in the state?
Serious question.

 

[BuzzH]

Hey Buzz: Why is this only applicable to those certain checkerboard parcels in S.Wyoming and not the checkerboard lands elsewhere in the state?
Serious question.

Semerad on Wyoming Corner Crossing Case

Ryan Semerad’s opinion on the Wyoming Federal District Court’s corner crossing order.

justiceforcowboys.com

Link right below the summary judgement.

 

[Gerald Martin]

If it’s specifically legal in that 40 mile wide swath designated Checkerboard is it reasonable to assume that courts would use the same reasoning to resolve other corner crossing cases that might arise from corner crossing in areas outside the designated area?

 

[perma]

If it’s specifically legal in that 40 mile wide swath designated Checkerboard is it reasonable to assume that courts would use the same reasoning to resolve other corner crossing cases that might arise from corner crossing in areas outside the designated area?

Not only that, but I believe the judge (assuming the right judge is on the case) would probably reference this case in any future ruling. That’s why this is important and powerful for hunters.

I also thought that I read this judge found other court cases that had similar corner crossing cases to help make the decision.

Edit: attorneys would also likely refer to this case.

 

[manitou1]

Not only that, but I believe the judge (assuming the right judge is on the case) would probably reference this case in any future ruling. That’s why this is important and powerful for hunters.

I also thought that I read this judge found other court cases that had similar corner crossing cases to help make the decision.

Edit: attorneys would also likely refer to this case.

Yeah, it is called "Case Law".
I have a few places I would like to give a go... but am not fond of the idea of six-figure court costs for some reason.
Having groceries is a big motivator!

Just wanted Buzz's take since he keeps his finger on the pulse of this issue.

 

[Forkyfinder]

If they (special interest groups) push and get the access shut down on corners through legislative means - I hope that eminent domain burns them.

 

[TOGIE]

If they (special interest groups) push and get the access shut down on corners through legislative means - I hope that eminent domain burns them.

federal trumps state

 

[SAJ-99]

Other groups joining the mix.

Groups File Amicus Brief to Defend Right to Access Public Land Via Corner Crossing

Tenth Circuit case could confirm public’s right to access millions of acres of public land

earthjustice.org

https://earthjustice.org/wp-content/uploads/2024/01/public-land-amici-brief-in-supp.-def-appellees-1.12.24.pdf

 

[R.K.]

Other groups joining the mix.

Groups File Amicus Brief to Defend Right to Access Public Land Via Corner Crossing

Tenth Circuit case could confirm public’s right to access millions of acres of public land

earthjustice.org

https://earthjustice.org/wp-content/uploads/2024/01/public-land-amici-brief-in-supp.-def-appellees-1.12.24.pdf

Glad to see them jumping in.

 

[Cornbread]

Not only that, but I believe the judge (assuming the right judge is on the case) would probably reference this case in any future ruling. That’s why this is important and powerful for hunters.

I also thought that I read this judge found other court cases that had similar corner crossing cases to help make the decision.

Edit: attorneys would also likely refer to this case.

Bingo!! Birds of a feather, flock together. These courts follow precedence. Although, as a friend who teaches law at Duquesne University in Pittsburgh has said, the Lib judges make their own rules, They have their own solution and don't care of they don't follow precedence. My guess is that it will take maybe 5-7 years to shake this all out, but this was a monumental case to win.

 

[VikingsGuy]

federal trumps state

I haven't read latest on this case so not responding in the specific, but in the general, this is a huge overstatement that could get folks in trouble if they take it to heart too literally. Certainly fed law is "pre-eminent" when there is un-resolvable conflict, but most federal laws sit aside state laws. Where state laws may supplement federal laws or address related but distinct state issues. For example California having heightening environmental laws.

 

[Straight Arrow]

federal trumps state

Simply expressed, state law may be more stringent / restrictive than federal law ... but not less stringent / restrictive.

 

[VikingsGuy]

Simply expressed, state law may be more stringent / restrictive than federal law ... but not less stringent / restrictive.

Depends on the laws. They can be either more/less depending on the legal framework (although I agree the most common examples are the more not less variety). Also some federal laws do not allow state action in either direction - further action by the state is fully pre-empted.

 

[Straight Arrow]

Simply expressed, state law may be more stringent / restrictive than federal law ... but not less stringent / restrictive.

;Generally speaking, Mr. Counselor.