Another interesting WY public access case

[Gerald Martin]

However the courts end up deciding in this case the public isn’t going to be gaining access to any of those BLM sections except through an invitation from the landowner (s) or by helicopter or airplane.

 

[Forkyfinder]

Just a hunch, but i think this case could be significant in terms of the public for future easement strategies for landowners and the intrepretation of existing easements in courts. Or the OP might have skipped posting it.

Maybe some folks should just worry about their own tag.

 

[cgasner1]

So where is the line? We have a pile of easements into structures and stuff at work I guarantee you I can find some that go thru public. Well if my employer doesn’t care if I have a gun in the truck can I just pull off and take some vacation and go hunting for a few hours? The entire point of the easement is to access his property in my opinion anything other than that would be trespassing on the road leading to the public.

 

[TOGIE]

So where is the line? We have a pile of easements into structures and stuff at work I guarantee you I can find some that go thru public. Well if my employer doesn’t care if I have a gun in the truck can I just pull off and take some vacation and go hunting for a few hours? The entire point of the easement is to access his property in my opinion anything other than that would be trespassing on the road leading to the public.

the line is where the easement and courts interpretation of it says it is, not where your opinion says it is.

if grantors aren't happy with their easements that's their problem.

 

[Forkyfinder]

So where is the line? We have a pile of easements into structures and stuff at work I guarantee you I can find some that go thru public. Well if my employer doesn’t care if I have a gun in the truck can I just pull off and take some vacation and go hunting for a few hours? The entire point of the easement is to access his property in my opinion anything other than that would be trespassing on the road leading to the public.

The entire point of the easement is for the other landowner to access his property. Thats correct. That doesnt extend to property that isnt his thats not under the easement (the blm/state land).

Authorizing a utility to conduct maintenance in property they dont own is different than an access easement. Utilities need easements on public land, not just private land.

In the event theres a road that passes through public and private - do you go and look up if the easement on the road grants access to the public land?

 

[cgasner1]

The entire point of the easement is for the other landowner to access his property. Thats correct. That doesnt extend to property that isnt his thats not under the easement (the blm/state land).

Authorizing a utility to conduct maintenance in property they dont own is different than an access easement. Utilities need easements on public land, not just private land.

In the event theres a road that passes through public and private - do you go and look up if the easement on the road grants access to the public land?

So I should be able to drive into public land also

 

[seeth07]

The real miss here is that we missed a great opportunity to work with a willing seller landowner to unlock a lot of public land acreage for public land use. Many ways it could have gone yet I wonder why it didn't get the attention like this is now

 

[TOGIE]

The real miss here is that we missed a great opportunity to work with a willing seller landowner to unlock a lot of public land acreage for public land use. Many ways it could have gone yet I wonder why it didn't get the attention like this is now

buying a 13,000+ acre ranch to unlock 16k+ of public is a really bad dollars to acres gained ratio

and really, i'm not sure i see your point here anyway

this easement and issue has nothing to do with gaining access for the public, anyone that thinks that is an idiot.

 

[Forkyfinder]

So I should be able to drive into public land also

If there's an easement granting you (specifcally you and not a corporation) access to other property and the road goes through public land with and the road on public is legally drivable - sure.

If there was an easement for the BLM land stated that he couldnt leave the road, id see your point. No such easement with the public land is noted. The easement doesnt and cant control property not owned by the landowner.

Do you verify every easement on every road you travel that goes through public and private before hunting?

 

[cgasner1]

If there's an easement granting you (specifcally you and not a corporation) access to other property and the road goes through public land with and the road on public is legally drivable - sure.

If there was an easement for the BLM land stated that he couldnt leave the road, id see your point. No such easement with the public land is noted. The easement doesnt and cant control property not owned by the landowner.

Do you verify every easement on every road you travel that goes through public and private before hunting?

No point in checking easements on national forest when you’re not pushing issues. May as well leave the gate open on your way in also

 

[seeth07]

buying a 13,000+ acre ranch to unlock 16k+ of public is a really bad dollars to acres gained ratio

and really, i'm not sure i see your point here anyway

this easement and issue has nothing to do with gaining access for the public, anyone that thinks that is an idiot.

Correct but an easement could of been purchased for that road to be usable by the public to reach it