Corner Crossing BHA Amicus Brief

[COEngineer]

https://wyofile.com/hunters-claim-in-filing-that-courts-have-okd-corner-crossing

 

[Irrelevant]

I can't love that brief enough. The case seems to be made that even the State's can't make a law against it, as it would be unconstitutional.

 

[rogerthat]

I can't love that brief enough. The case seems to be made that even the State's can't make a law against it, as it would be unconstitutional.

This has always made the most sense to me and how I interpreted the UIA in regards to corner crossing. It will be very interesting to watch how this plays out

 

[DuncanDonettes]

Direct link to the BHA brief https://www.courtlistener.com/docket/63177507/42/iron-bar-holdings-llc-v-cape/

It's interesting to compare the BHA brief to the amicus brief filed several months ago on behalf of the Wyoming Stock Growers Association and Wyoming Wool Growers Association. https://www.courtlistener.com/docket/63177507/26/1/iron-bar-holdings-llc-v-cape/ The WSGA and WWGA are very much in the plaintiff's "corner" on this issue. Basically, where the BHA brief says the UIA protects the public's right to corner cross, the WSGA/WWGA brief says the FLPMA protects the landowner from corner crossers.

 

[COEngineer]

...the WSGA/WWGA brief says the FLPMA protects the landowner from corner crossers.

Which is a bad move on their part.

FLPMA grants to the federal agencies
the ability to acquire access across private lands to federal lands “by purchase, exchange,
donation, or eminent domain, ... the Secretary may exercise the power of eminent
domain only if necessary to secure access to federal lands, and then only if the lands so
acquired are confined to as narrow a corridor as is necessary to serve such purpose.”

Basically, the feds can open every piece of public land by eminent domain and pay a pittance for the few feet at each corner. Landowners lose and public land users lose (because now there are roads through every section that is currently only accessible by foot).

 

[Dougfirtree]

Man, I want to win this one. Some cheer-worthy passages from the brief in there!