Dancerpro
Active member
- Joined
- Apr 18, 2021
- Messages
- 92
A private land owner can not land lock public land. In other words a private land owner can not obstruct public land access. Look up Woming 4 and the 1885 law making up the U. I. A.
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This may only apply DIRECTLY to WY, however, it is presidence for other courts and cases. The appeal has been dropped.There are 2 threads in the public land issue topic, further discussion should move ther
Not exactly true. One WY federal judge ruled that stepping OVER a corner doesn't damage the private land and is therefore not trespassing. The UIA came in for a second opinion that when the hunters held the post on private land to swing around it, that also was ok due to BOTH the UIA provision AND that there was no other reasonable access
So two things I get from this
1. It's WYonly until appealed and if appealed it could go either way
2. If there is other reasonable access it's unclear if corner cross would be om or not
This is a HUGE win for hunters, but keep the jurisdiction issues in mind
The appeal has not been dropped I don't believe.This may only apply DIRECTLY to WY, however, it is presidence for other courts and cases. The appeal has been dropped.
The UIA plainly states that private land can not lockout public land. This question is answered in the UIA it's self and simply not applied properly. I hunt my own land, so this does not apply to me, but it certainly did in my youth.
The last I heard, the appeal of the remaining landowner claims have been dropped. The Unlawful Inclosures Act does state, according to court reporting, that private land can not lock public land. To the best of my knowledge, a Congressional Act is LAW and a federal law is applicable nation wide. In a civil lawsuit it is about damage, using a ladder they caused no damage. In a criminal trial it is about your intensions and the letter of the law. Here the landowner was in danger of violating the UIA with this lawsuit. Should the landowner had won, the hunters could then charge the landowner with violating the UIA, as was pointed out by the judge. Crazy case, but I believe it goes a long way to advance private land hunting.The appeal has not been dropped I don't believe.