As someone who’s spent the last decade navigating the legal and logistical landscapes of outdoor recreation in the US, I’ve rarely seen a case generate as much buzz – and anxiety – as the recent Missouri corner crossing case involving Fred Eshelman’s ranch. The implications of the court’s decision are far-reaching, potentially impacting access to public lands across the West. This article will break down the details of the case, explain the legal principles at play, and discuss what it means for hunters, anglers, hikers, and outdoor businesses who rely on access to these vital spaces. We’ll also look at how this affects land ownership and the future of recreational access in states with similar land patterns.
What is Corner Crossing and Why Does it Matter?
Corner crossing, also known as “checkerboard trespass,” refers to the practice of crossing the corner where four sections of land meet – often where public land borders private property. Historically, the understanding was that a landowner only owned the surface rights to their land, and the public retained the right to cross the corner point itself. This allowed access to isolated parcels of public land surrounded by private holdings. However, the Eshelman v. Paugh case challenged this long-held belief.
The issue stems from the historical surveying practices used to divide land in the West, particularly under the General Land Survey System (GLSS). This system created a “checkerboard” pattern of land ownership, with alternating sections of public and private land. Accessing the public sections often requires crossing the corners of the private sections. Without the ability to corner cross, vast tracts of public land become effectively inaccessible. As ONX Maps explains, this impacts not only recreational users but also ranchers needing to manage livestock and energy companies maintaining infrastructure.
The Fred Eshelman Ranch and the Initial Trespass
The Fred Eshelman ranch in Carbon County, Wyoming, became the focal point of this debate. Eshelman, a wealthy businessman, purchased the ranch specifically to prevent corner crossing. In October 2021, four hunters from Montana were cited for trespassing after using ONX Maps to identify and legally, they believed, corner cross onto public land surrounded by Eshelman’s property. The hunters argued they were only touching the corner point, not the surface of the private land. The case went to trial, and the initial ruling sided with Eshelman, finding the hunters guilty of trespass.
The Court Ruling and Its Legal Basis
The Wyoming District Court’s decision in February 2023 was a significant blow to those advocating for public land access. The court ruled that even briefly touching the corner of private land – even with just a boot – constituted trespass. The judge determined that landowners own the airspace above their property, including the corner point, and any unauthorized entry into that airspace is a violation of their property rights. This ruling hinged on a strict interpretation of Wyoming state law regarding trespass.
This decision departed from previous interpretations and case law in other states. The court rejected arguments based on the “navigability for title” doctrine, which historically allowed for public access to waterways and, by extension, the corners of land sections. The judge argued that this doctrine didn’t apply in this case. The National Park Service provides detailed information on land ownership and access issues, highlighting the complexities of navigating these legal frameworks.
Air Rights and the Implications for Land Ownership
The core of the ruling centered on the concept of air rights. While landowners generally own the airspace above their property, the extent of that ownership has been debated. The court in the Eshelman case took a broad view, asserting that any intrusion into that airspace, even momentary, is trespass. This raises concerns about future interpretations of air rights and their potential impact on activities like drone operation, low-flying aircraft, and even the construction of overhead power lines. It also sets a precedent that could be used to restrict access in other states with similar land patterns.
The Appeal and the Wyoming Supreme Court Decision
The hunters appealed the District Court’s decision, and in April 2024, the Wyoming Supreme Court reversed the lower court’s ruling. The Supreme Court found that the hunters did not commit trespass because they did not physically enter onto Eshelman’s land. The court clarified that touching the corner point, without making any contact with the surface of the private land, is not trespass. This was a major victory for public land advocates.
The court’s decision emphasized the importance of the historical context of the GLSS and the intent of Congress when creating the checkerboard land pattern. They argued that restricting corner crossing would effectively lock up vast amounts of public land, contrary to the public’s right to access those lands. The ruling also acknowledged the practical difficulties of defining and enforcing airspace trespass in this context.
What Does This Mean for Outdoor Enthusiasts and Businesses?
The Wyoming Supreme Court’s decision is a significant win for hunters, anglers, hikers, and anyone who enjoys accessing public lands in the West. However, the issue isn’t entirely settled. The ruling is specific to Wyoming law, and other states may interpret their own laws differently. Here’s a breakdown of what this means for different groups:
- Recreational Users: While corner crossing is now legally permissible in Wyoming (with the caveat of not touching the land surface), it’s crucial to stay informed about the laws in other states. Always check local regulations and use reliable mapping tools like ONX Maps or Gaia GPS to identify public land boundaries and potential corner crossing opportunities.
- Outdoor Guides and Outfitters: Businesses that lead trips into backcountry areas need to be particularly aware of corner crossing laws. Ensure your guides are trained on these regulations and that your clients understand the rules. Consider incorporating a discussion of access rights into your pre-trip briefings.
- Landowners: The ruling clarifies that landowners do not have absolute control over the airspace above their property corners. However, they still have the right to prevent unauthorized entry onto their land.
- Conservation Organizations: Groups like the Public Lands Alliance continue to advocate for policies that protect public land access and ensure responsible recreation.
States to Watch: Montana, Colorado, and New Mexico
Several other states are likely to see legal challenges related to corner crossing. Montana, Colorado, and New Mexico all have significant amounts of checkerboard land and similar historical land survey patterns. Lawsuits are already pending in these states, and the outcomes could have a significant impact on public land access. It’s important to monitor these cases and advocate for policies that protect the public’s right to access these valuable resources.
Leave No Trace and Responsible Recreation
Regardless of the legal status of corner crossing, it’s essential to practice Leave No Trace principles whenever you’re recreating on public lands. This includes packing out all trash, minimizing campfire impacts, respecting wildlife, and being considerate of other users. As Leave No Trace emphasizes, responsible recreation is crucial for preserving these lands for future generations. Even when legally accessing public land, be mindful of your impact and strive to minimize your footprint.
The Future of Public Land Access
The Missouri corner crossing case, and specifically the Fred Eshelman ranch dispute, has brought the issue of public land access into sharp focus. While the Wyoming Supreme Court’s decision is a positive step, the fight for access is far from over. Continued advocacy, education, and responsible recreation are essential for ensuring that future generations can enjoy the benefits of our nation’s public lands. I encourage everyone to stay informed, get involved, and support organizations working to protect these vital resources. You can find more information on land access issues from the USDA Forest Service and through state-level wildlife agencies.
Disclaimer: I am not a lawyer, and this article is not legal advice. Laws regarding land access can be complex and vary by state. Always consult with a qualified legal professional for specific guidance.