Court Upholds Public Access Via 'Corner Crossing' in Western Lands

DENVER A federal appeals court has sided with four Missouri hunters, ruling that 'corner crossing' to access public lands is legal. The decision resolves a long-standing debate about public access in the West, where land ownership patterns often create checkerboard arrangements of public and private property.

The case centered on four hunters who used a ladder to cross from one piece of public land to another at a corner where they met, without physically stepping onto the adjacent private property owned by Fred Eshelman, a wealthy Wyoming landowner. Eshelman sued the hunters for trespassing, arguing that any entry into the airspace above his property constituted a violation.

A Wyoming district court initially ruled in favor of the hunters, and the Tenth Circuit Court of Appeals has now upheld that decision. The appeals court found that corner crossing does not constitute a physical occupation of the private land and therefore does not constitute trespassing under Wyoming law.

This ruling is a major victory for public land advocates, who have long argued that corner crossing is a legitimate way to access public lands. Millions of acres of public land across the West are currently inaccessible without crossing private property, making corner crossing a crucial issue for hunters, hikers, and other outdoor enthusiasts.

Opponents of corner crossing, including some landowners, argue that it can lead to increased trespassing and damage to private property. They also contend that the ruling could devalue private land by making it easier for the public to access nearby public lands. However, the court emphasized that the ruling only applies to corner crossing and does not give the public the right to trespass on private land in any other way. The decision clarifies that as long as individuals remain on public land, even while corner crossing, they are not trespassing.