The ruling should be very soon…..
Sam Kalen, professor of law at the University of Wyoming, said there are two major issues in this case. One involves what is known as the Unlawful Inclosures Act, a federal law preventing private landowners from obstructing access to public land.
"There's a good chance that the 10th Circuit's going to, you know, maybe adopt some sort of 'unreasonable' test," Kalen predicted. "Suggesting that landowners can't do things that result in sort of a nuisance or unreasonable interference with any access to public lands."
The other issue, Kalen noted, is trespassing, which is a matter of state law. A Wyoming federal judge ruled the hunters were not trespassing in a decision last year. More than 8 million acres of public lands in the West are "corner-locked," according to
recent data.
The court's decision could affect other states in the Tenth Circuit, especially those with similar landholding patterns, including Colorado, New Mexico and Utah. An appeal of the decision would next go to the U.S. Supreme Court, but Kalen noted it likely would not be heard.
"The court doesn't take up that many public lands cases," Kalen acknowledged. "There's no conflict in the circuits, which means that the court would have to conclude that it's really serious, national significance."
Kalen added the case is unique to typical hunting encounters in Wyoming, as both parties are from out-of-state.https://www.publicnewsservice.org/2024-07-17/public-lands-wilderness/tenth-circuit-court-expected-to-decide-on-public-lands-access/a91362-1