By Rachel Gabel | The Fence Post
A ruling by a federal appeals court has concluded that a congressional act preempts a state’s power to impose and enforce its own trespass laws. Corner crossing, accessing public land from one piece to another where two parcels meet with two privately owned parcels without stepping foot on privately owned land, is now legal in the 10th Circuit’s six states: Wyoming, Colorado, New Mexico, Utah, Oklahoma and Kansas.
A Carbon County, Wyoming, ranch owner sued hunters in 2022 for doing just that, arguing that he owns the airspace above his land, which they passed through to access public land during an elk hunt. The checkerboard pattern dates back to the days of railroad construction in the 1800s, when railroads raced to lay track, thereby laying claim to the 640-acre tracts. When many of the government-owned tracts were not settled, those lands were deeded to the public.
Jim Magagna, executive of the Wyoming Stockgrowers Association, said the ruling is disappointing.
“The bright side at this point at least is that it was very narrow as I read it,” he said. “Even though the court discussed a lot of previous cases, their basic ruling was that as long as you didn’t physically touch the private land, stepping over the corner is acceptable as these people had done. It’s still a concern, but I’m glad they didn’t go further… as I was reading the decision I was afraid they were going to say you simply can’t deny access even if it means trespassing on private land. They didn’t go that far.”
Magagna said his members’ concerns center upon damage to private property, cut fences, opened gates and disturbance of livestock.