Thoughts on this piece of legislation in Wyoming sponsored by the Joint Judiciary Interim Committee?
Corner crossing solution outta WY?
- Thread starter golfer
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JM77
Well-known member
It is not a corner cross solution, but it doesn't hurt the cause.
shoots-straight
Well-known member
If the land owner fenced off his lands and ran a pole up in the sky 20' on those corners, wouldn't that render the access almost impossible to those walking?
COEngineer
Well-known member
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It may be par for the course, but why introduce legislation before the ongoing civil trial has run its course?
David58
Well-known member
Or more realistically, just put up a pole barn on each corner you own, and get the corners to just not quite touching. Lots of ways to work it so that nobody could get through or over, which is why there simply has to be a solution that allows foot traffic to step over that corner.
My guess is that crossing will end up being legal, but I would also bet that there will be significant restrictions and penalties to prevent horses (maybe), vehicles, and high penalties for shooting on the private land without permission.
It ain't like there will be a flood of hunters deep into that territory - how many are willing to walk 1 to 1-1/2 (OK, 1.41) miles from the road to begin with, not to mention that far in between each corner crossing?
David
NM
BrentD
Well-known member
No so easy. Almost any state will have setback requirements for buildings, just to minimize obnoxious neighbor issues.
BuzzH
Well-known member
UIA would apply as well.
David58
Well-known member
???
BuzzH
Well-known member
Unlawful Inclosures Act.
"For purposes of this subsection "travel through or return across" requires physically touching or driving on the surface of the private property."
Nice.
Still need to nail down the UIA so Federal Judges are not in a position to refuse dismissal requests as was the case for the four hunters.
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JM77
Well-known member
This bill is to address a trespass issue pertaining to intent with Wyoming Statutes Title 23 Hunting and Fishing trespass. It doesn't deal with or change Title 6 Criminal Trespass, which was the original charge on the four Missouri Guys.
This bill IS NOT our friend. It will allow G & F to ticket you if you touch on your way to hunt. Currently if you cross NOT to hunt but to just get where you hunt G & F can't do squat, this allows them to ticket
This might however allow a follow on to extend the definition to corner crossing ?
This might however allow a follow on to extend the definition to corner crossing ?
BuzzH
Well-known member
Not true.
JM77
Well-known member
What you mean Bob is it's not your friend if you're a trespasser.
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I will deferto buzz, as he is more involved, but I talked to cragO and his goal was NOT TO help corner crossing but get tickets increased, at least originally, until he was called on it
What happens when two WY State criminal codes conflict with each other? So long as a foot, hiking stick, etc doesn't touch private - it's specifically written as legal, based on the legislation, if passed. At the same time, illegal if trespass the airspace.
My past experiences cause a judge to proceed with the most recent statute, lesser of the two, or dismissal and in most all cases, findings routed to Legislature Oversight for review to address.
How do you view this?
JM77
Well-known member
The law should not discriminate, but in the case of trespassing in Wyoming it does. Title 6 criminal trespass requires warning before a ticket can be written. If a person is hunting, fishing or shed hunting, Title 23 trespass requires no warning and as far as I know, no one has gotten off Title 23 trespass with the challenge of a warning requirement. I do believe there could be a court challenge on this, but the way some statutes are written in Wyoming, I'm never surprised at these discrepancies.
As far as this new attempt to require touching for 23 trespass to be written, that in itself is dealing with the "intent" requirement that was brought into play by an AG opinion. So I think that a defense of not touching under a criminal trespass corner cross only holds up once the air space issue is put to bed.
