August 28, 2024 |
Photo – Randy Newberg demonstrates corner crossing – Courtesy Fresh Tracks You-Tube
The federal government refuses to clarify the legalities of corner-crossing.
In 2022, Elk Mountain Ranch owner Fred Eshelman sued four Missouri hunters for trespassing on his land. Eshelman alleged that the hunters violated his private airspace by stepping from one piece of Bureau of Land Management-owned land to another.
Eshelman requested $7 million in damages, but his case was dismissed by Chief U.S. District Judge Scott Skavdahl. The Judge ruled in favor of the out-of-state hunters, stating that corner-crossing does not constitute trespassing. Eshelman may appeal the judge’s ruling in the United States Supreme Court.
Meanwhile, the Tenth Circuit Court of Appeals is reviewing a case to determine whether corner-crossing between public lands is considered trespassing on private property. As the case plays out, law enforcement officers in Wyoming are left without clear direction on how to handle reports of corner-crossing related trespassing.
During Tuesday’s Board of Carbon County Commissioners meeting, which was held in Saratoga, Sheriff Alex Bakken said he, and other Wyoming sheriffs, met with U.S. Attorney General Merrick Garland in Cheyenne last month. Sheriff Bakken said he asked Attorney General Garland for the federal government’s position on corner-crossing. The sheriff said he was dissatisfied with the U.S. Attorney General’s answer.
Sheriff Bakken said federal clarification will help all law enforcement officers better understand corner-crossing cases.
Commissioner John Johnson asked the sheriff if the legality of corner-crossing has already been established. Sheriff Bakken said the Wyoming Game and Fish Department has rules in place for when hunters physically trespass on private land. However, the sheriff said the regulations do not seem to apply to the air above the property. Sheriff Bakken added that Game and Fish, confusingly, sends trespassing cases to his department and vice versa.
Sheriff Bakken said after the Elk Mountain Ranch case, his department no longer receives many hunter-related trespassing calls.
Commissioner Johnson asked County Attorney Ashley Davis for her opinion. The county attorney said the law will remain murky until the Tenth Circuit Court of Appeals decides the case with clarity.
Commissioner Garrett Irene asked Sheriff Bakken what happens when he receives a trespass call involving a hunter. The sheriff said he contacts Game and Fish first. Afterwards, the case is sent to the Carbon County Attorney’s Office for review.
Sheriff Bakken said he was not happy with Attorney General Garland’s answer regarding the corner-crossing case. Without clear guidance, the sheriff said landowners, hunters, and law enforcement officers face a challenging situation.
Commissioner Johnson said tensions will remain high between landowners and hunters until the courts decide the matter.
