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The Water Cooler
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Judge rules in favor of corner-crossing hunters
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<blockquote data-quote="Catt57" data-source="post: 4045408" data-attributes="member: 34578"><p>TLDR;</p><p></p><p><em><strong>"Corner crossing involves stepping from one piece of public land to another at the common corner with two pieces of private property, all arranged in a checkerboard pattern. Corner crossing avoids setting foot on private land."</strong></em></p><p><em></em></p><p><em><em><strong>"The judge summarized and analyzed relevant court precedent to conclude that “corner crossing on foot in the checkerboard pattern of land ownership, without physically, contacting private land and, without causing damage to private property does not constitute an unlawful trespass.”</strong></em></em></p><p></p><p></p><p>--------------------------------------</p><p></p><p>The land owners argue that "Crossing the airspace" of their property at the corners to go from public land to public land is trespassing and somehow damaging.</p><p></p><p>The judge says otherwise.</p><p></p><p><em>"Skavdahl observed that with respect to the corner crossing issue “[t]here is no evidence the hunters made physical contact with [Eshelman’s] private land or caused any damage to plaintiff’s private property,” either in 2020 or 2021. The judge also agreed with Eshelman that he generally owns the airspace above his property and is entitled to use it."</em></p><p><em></em></p><p><em>"But even property rights come with limitations and restrictions, Skavdahl wrote."</em></p><p><em></em></p><p><em>“History, federal case law, federal statutory law, and recent Wyoming legislation demonstrate corner crossing in the manner done by Defendants in this case is just such a restriction on Plaintiff’s property rights,” he wrote. “[D]efendants, ‘in common with other persons [have] the right to the benefit of the public domain,’ which necessarily requires some limitation on the adjoining private landowner’s right of exclusion within the checkerboard pattern of land ownership.”</em></p></blockquote><p></p>
[QUOTE="Catt57, post: 4045408, member: 34578"] TLDR; [I][B]"Corner crossing involves stepping from one piece of public land to another at the common corner with two pieces of private property, all arranged in a checkerboard pattern. Corner crossing avoids setting foot on private land."[/B] [I][B]"The judge summarized and analyzed relevant court precedent to conclude that “corner crossing on foot in the checkerboard pattern of land ownership, without physically, contacting private land and, without causing damage to private property does not constitute an unlawful trespass.”[/B][/I][/I] -------------------------------------- The land owners argue that "Crossing the airspace" of their property at the corners to go from public land to public land is trespassing and somehow damaging. The judge says otherwise. [I]"Skavdahl observed that with respect to the corner crossing issue “[t]here is no evidence the hunters made physical contact with [Eshelman’s] private land or caused any damage to plaintiff’s private property,” either in 2020 or 2021. The judge also agreed with Eshelman that he generally owns the airspace above his property and is entitled to use it." "But even property rights come with limitations and restrictions, Skavdahl wrote." “History, federal case law, federal statutory law, and recent Wyoming legislation demonstrate corner crossing in the manner done by Defendants in this case is just such a restriction on Plaintiff’s property rights,” he wrote. “[D]efendants, ‘in common with other persons [have] the right to the benefit of the public domain,’ which necessarily requires some limitation on the adjoining private landowner’s right of exclusion within the checkerboard pattern of land ownership.”[/I] [/QUOTE]
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Judge rules in favor of corner-crossing hunters
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