One way to stop a corner cross

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Here is an update: If you cross the landowner calls G&F and Sheriff. G&F says we don't write a ticket for corner cross. Sheriff tries to issue a warning ticket, that essentially says you are guilty with no consequence. For those with a strong conviction, the Sheriff is told "no warning ticket, if I am guilty charge me!"

So far there have been no charges filed and landowner continues to harass.

Thank you for keeping us informed, I will likely never use that corner but I appreciate those of you that do the ground work to help keep it public.
 
How common is corner crossing in Wyoming? I don't see a problem with it but I know its a legal gray area. Do a lot of you guys do it with no issues? I know BigFin doesn't but he's in a little different situation than most of us.
 
Just what specifically do you want clarified? If you want names, that's not appropriate on here.

Were you told by a deputy? Sheriff? Someone from the d.a's office? I'm not asking for names.

Me personally as a law enforcement officer in Wyoming, I wouldn't write that summons. It's obvious to me the intent of the signs. It's also obvious if the person attempting to cross at the corner takes time and effort to cross at the exact corner they have no intent to trespass.

But that's my personal discretion. If you go by letter of the law....which is why im interested to know where you got your info.
 
Were you told by a deputy? Sheriff? Someone from the d.a's office? I'm not asking for names.

Me personally as a law enforcement officer in Wyoming, I wouldn't write that summons. It's obvious to me the intent of the signs. It's also obvious if the person attempting to cross at the corner takes time and effort to cross at the exact corner they have no intent to trespass.

But that's my personal discretion. If you go by letter of the law....which is why im interested to know where you got your info.

PM'd you
 
Is that off of CR 400 or CR 404 , Pass Cr Rd ?
I will say this , the area he signed is a checker board mountain. I don't like it but for many, many years Elk Mountain has been as contentious place. It is not a contiguous piece of public land.
Just wondering if they have a new sheriff in that area jm77 or new co attorney ? Might explain the signs after all these years.
 
To be honest I have never even thought about this. It is an interesting topic. I suppose that corner boundary is razor thin. Had this been owned by 2 separate entities you could be on 4 parcels at the same time. Had there been an actual fence on the property I think the owners would have more of a leg to stand on in my opinion as youd have to climb the fence, there personal property to get to public. Seeing as how theres no fence, that tells me they want the ease of access to that public without the restrictions of a fence.

What if you jumped? You never stepped foot on their property. If they want to be so petty, play the game. What about a plane that flies over your property? Are they trespassing?
 
Is that off of CR 400 or CR 404 , Pass Cr Rd ?
I will say this , the area he signed is a checker board mountain. I don't like it but for many, many years Elk Mountain has been as contentious place. It is not a contiguous piece of public land.
Just wondering if they have a new sheriff in that area jm77 or new co attorney ? Might explain the signs after all these years.

It looks like the property may have been recently sold...But there was some interesting info on this very topic on that site.

"Two lawsuits protect the ranch from public access: When a group demanding access to the trophy hunting on the mountain sued, the Federal District Court ruled the road accessing the mountain must remain closed to the public. The other was a U.S. Supreme Court decision on a ranch nearby which ruled it is trespass if you step over public section corners when private sections complete the corner."
 
There is no US Supreme court decision regarding corner crossing that I'm aware of stating corner crossing is trespass.

If there is, I'd like to see it.
 
To be honest I have never even thought about this. It is an interesting topic. I suppose that corner boundary is razor thin. Had this been owned by 2 separate entities you could be on 4 parcels at the same time. Had there been an actual fence on the property I think the owners would have more of a leg to stand on in my opinion as youd have to climb the fence, there personal property to get to public. Seeing as how theres no fence, that tells me they want the ease of access to that public without the restrictions of a fence.

What if you jumped? You never stepped foot on their property. If they want to be so petty, play the game. What about a plane that flies over your property? Are they trespassing?

A manned plane is not trespassing and there are no restrictions on altitude. However, last session MT tried to pass a law making flying a drone over private property trespassing. That is really weird if you think about it. (Sen. Fielder did inquire about manned vehicles, specifically jetpacks.) The sponsor admitted it was about airspace ownership, and mentioned corner crossing.

It failed.

I'm not sure about a fence, but (now that the idea is public) my diabolical side thought about two sturdy fenceposts a few inches apart with a sign that on the way out you will be forced to prove you squeezed through the gap to obtain access. Rep. Doane told me landowners would do this if corner crossing passed in MT. It is an interesting twist that may give landowners a way to block using it depending on how the court views the idea in general. With stream access the landowner can't block access with barriers - you can go around them. It may be analogous if the court believes it is legal to cross, irrelevant if it isn't legal.

There is a law (unlawful enclosures I think) about preventing blocking access to public land that may be helpful. CC is an issue I don't think we should make too much noise about as it would be easier for the lawmakers to make it illegal in statute than legal. Plus you will have more company if you choose to use it.
 
What about a plane that flies over your property?
Here we go again! But it does seem to be a good discussion time after time, with all the speculation provided by the armchair lawyers, then to be finally clarified by those more knowledgeable.
 
There is no US Supreme court decision regarding corner crossing that I'm aware of stating corner crossing is trespass.

If there is, I'd like to see it.

Same here! If there was a ruling, the court case in Wyoming the guy won against the G&F wouldn't have gone that way and the G&F GWs would be enforcing corner crossing violations and they aren't at the present time!
 
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It looks like the property may have been recently sold...But there was some interesting info on this very topic on that site.

"Two lawsuits protect the ranch from public access: When a group demanding access to the trophy hunting on the mountain sued, the Federal District Court ruled the road accessing the mountain must remain closed to the public. The other was a U.S. Supreme Court decision on a ranch nearby which ruled it is trespass if you step over public section corners when private sections complete the corner."

Have a link to this?
 
The link Buckbull listed was the one I found. Didnt realize it was in their "portfolio" So I'm not sure when it was actually sold. Lots of info there, but worth reading through.
 
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