Wyoming Corner Crossing Defense Fund

"...enters or remains on or in the land or premises..." tells me land needs a statutory definition to include air space, which there is not. The statute should be interpreted as written.

When floating down a Wyoming river, statute specifies you cannot wade or anchor on the bottom if it is deeded land. Apparently, somewhere there is also a release for river floaters as to trespassing in the air space above the water?
Common law has answered that question for hundreds of years without need for a statutory definition - but changing times can change the result - see, Causby. Statutory definitions can be helpful, but the common law fills in the gaps and is just as legally binding.
 
I already posted the Wyoming statute that defines ownership of air above property? Se post 60.

What a valid, super valid point about floaters. Never thought of that before, it's good.
No, 6-3-303 only says "land" or 'premises", it does not say air(air above or air space)
 
Common law has answered that question for hundreds of years without need for a statutory definition - but changing times can change the result - see, Causby. Statutory definitions can be helpful, but the common law fills in the gaps and is just as legally binding.
Interesting statute in Wyoming:

6-1-102. Common-law crimes abolished; common-law defenses retained.​

 
Interesting statute in Wyoming:

6-1-102. Common-law crimes abolished; common-law defenses retained.​

Interesting but not relavent to these discussions. Common crimes were a specific set of "violations". The common law still fills in the definitional gaps for all statutes, criminal or not.
 
In most locales trespass law considers the air space above one's property to be within that property. Modern aviation narrowed that to approx. 50ft above one's property. As such, in those jurisdictions, geometry does not allow for corner crossing that does not result in trespass.
Well, I appreciate the answer, but that really stinks. I hate that so many publicly owned lands are not accessible to the people who (supposedly) own them.
 
In most locales trespass law considers the air space above one's property to be within that property. Modern aviation narrowed that to approx. 50ft above one's property. As such, in those jurisdictions, geometry does not allow for corner crossing that does not result in trespass.
I don't think that is true in "sparsely populated areas," where there are no altitude restrictions. You do, however, need to stay 500' from people, vehicles, and structures. I don't think private land is ever mentioned. I don't know the actual Federal Aviation Regulation (FAR), but this website is consistent with what I remember. https://pilotteacher.com/how-low-can-aircraft-legally-fly-how-the-neighbors-get-annoyed/

I should also add these regulations are about safety, not about property ownership.
 
I don't think that is true in "sparsely populated areas," where there are no altitude restrictions. You do, however, need to stay 500' from people, vehicles, and structures. I don't think private land is ever mentioned. I don't know the actual Federal Aviation Regulation (FAR), but this website is consistent with what I remember. https://pilotteacher.com/how-low-can-aircraft-legally-fly-how-the-neighbors-get-annoyed/

This is not true with drones, which cannot legally fly higher than 400 feet above those things without Certs of Waiver and such. Don't know how that figures into things, but UAVs are often flown 100-150 feet above private property, and it is not considered trespass.
 
This is not true with drones, which cannot legally fly higher than 400 feet above those things without Certs of Waiver and such. Don't know how that figures into things, but UAVs are often flown 100-150 feet above private property, and it is not considered trespass.
But they ARE considered targets (unlike MAVs). No?

:)
 
This is not true with drones, which cannot legally fly higher than 400 feet above those things without Certs of Waiver and such. Don't know how that figures into things, but UAVs are often flown 100-150 feet above private property, and it is not considered trespass.
You may have misread what I said, but yes, UAVs are generally limited to below 400' AGL.

As you may recall, our illustrious MT legislators tried to make it trespassing for drones to fly under 500' over private property, based on the belief that was what the FAA defined as private. In addition to being based on that false premise, it would have created a situation where flying an aircraft < 500' over private would be trespassing, unless the aircraft contained a human. W.T.F.

The sponsor of that particular bill was pretty clear it was intended to work towards stopping corner crossing, which makes me scratch my head as to why they don't attack CC directly. Must be something there...

The observation about being able to float over private land is an interesting one.
 
I don't think that is true in "sparsely populated areas," where there are no altitude restrictions. You do, however, need to stay 500' from people, vehicles, and structures. I don't think private land is ever mentioned. I don't know the actual Federal Aviation Regulation (FAR), but this website is consistent with what I remember. https://pilotteacher.com/how-low-can-aircraft-legally-fly-how-the-neighbors-get-annoyed/

I should also add these regulations are about safety, not about property ownership.
Yes - two separate legal regimes that collided in 1945 - SCOTUS then made airspace regulation dominant over these traditional property rights as a first diminution of the ancient "to the heavens" approach. In doing so they provided some general guidance as to how the prior unlimited property right was in fact going to be reigned in. The 500 ft rule served a particular purpose. If/when drones become economically important I have no doubts that elevation will be further lowered. And if society ever takes seriously the public property rights we all share they will end the debate altogether. Laws change when there is a reason, and not before. Airplanes were a reason, drones will be a reason, public interest in public lands could be a reason. While each is different, the prior cases are instructive as to where the future cases will be going.
 
The gofundme mentions that each of the hunters needs a separate lawyer. Do they really or could they each be represented separately by the same lawyer? I could see a benefit of having multiple lawyers looking at it but I'm curious if it's really required.
 
The gofundme mentions that each of the hunters needs a separate lawyer. Do they really or could they each be represented separately by the same lawyer? I could see a benefit of having multiple lawyers looking at it but I'm curious if it's really required.
I know zero about their specific situations, but in theory, defendants can agree to shared and joint representation in most courts (I don't know if WY has some special rule to the contrary)
 

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