Corner crossing SCOTUS appeal

[Straight Arrow]

When corner crossing becomes the accepted viable means of access to checkerboard public lands, does anyone really think that a case will be made resulting from the landowner asserting that the corner crosser missed the corner by 38 inches? In considering the scope of the access issue, this focus (argument) on precise location of corner seems silly IMO

 

[Bonasababy]

Not sure "intent" of a survey or deed have any legal meaning or effect.

Lat to the conversation but the only thing I see is if the use of the word intent means questioning whether it's an official government survey or not. There's a term for them I can't recall at the moment. From what I understand there are requirements needing to be met to be official and be recorded as such that are a bit more rigorous.

Here there may only be such an official corner at section corners in less developed areas. Imagine it's the same out west. So you can easily have a corner situation without an official survey marker to reference st that corner.

 

[R.K.]

Looks like they filed right at the deadline yesterday.

Edit- link update

Supreme Court Petition Is Final Hail Mary For Wyoming Corner-Crossing Landowner

The landowner at the center of Wyoming’s famous “corner-crossing” case has lost every court battle against hunters who crossed at the corner of his…

cowboystatedaily.com

 

[Addicting]

Looks like they filed right at the deadline yesterday.

Escaped bison shot after nearly impaling Missouri rancher

Three bison were shot and killed in St. Albans, Missouri after one nearly impaled a rancher, prompting the Sheriff’s office to euthanize the animals for the safety of the community.

fox2now.com

Link to bison?

 

[WyoCoalMiner]

Link to bison?

Supreme Court Petition Is Final Hail Mary For Wyoming Corner-Crossing Landowner

The landowner at the center of Wyoming’s famous “corner-crossing” case has lost every court battle against hunters who crossed at the corner of his…

cowboystatedaily.com

 

[R.K.]

Link to bison?

Clipboard didn’t update. Apple is getting worse.

 

[300stw]

wonder how much this has cost the landowner allready,

maybe he is kicking the can down the road, so he can sell out before final verdict, or?

 

[BuzzH]

Ranch owner asks Supreme Court to decide corner crossing’s legality, says lower court ‘inverted' law - WyoFile

Fred Eshelman’s petition for high-court review asserts that 10th Circuit victory for hunters and the public to access public land constitutes an unconstitutional taking of private property.

wyofile.com

 

[beaglegun]

Big pharma money is endless. Making people sick is lucrative!

 

[Thx1138]

Supreme Court receives 7,000 petitions per year and hears 70 cases. Eshelman is desperately trying to save his little empire with a 1% chance of even being heard.

 

[VikingsGuy]

Supreme Court receives 7,000 petitions per year and hears 70 cases. Eshelman is desperately trying to save his little empire with a 1% chance of even being heard.

Doing HTers who hunt outside the 10th Circuit a favor -- this dude is crapping in the nest of other landowners across the Mountain West by continuing to push. Sometimes smart people take a local loss for that very reason - to keep it local.

 

[Jwill]

Doing HTers who not in the 10th Circuit a favor -- this dude is crapping in the nest of other landowners across the Mountain West by continuing to push. Sometimes smart people take a local loss for that very reason - to keep it local.

 

[BuzzH]

Doing HTers who hunt outside the 10th Circuit a favor -- this dude is crapping in the nest of other landowners across the Mountain West by continuing to push. Sometimes smart people take a local loss for that very reason - to keep it local.

I think the damage is already done. Once one Circuit rules in favor, only a matter of time before its heard in another Circuit court.

I'm going to go right out on a limb and say 9th is next.

 

[seeth07]

I'm going to go right out on a limb and say 9th is next.

Why out on a limb and not out on a corner?

 

[Straight Arrow]

Why out on a limb and not out on a corner?

We'll cross that corner ... after the 9th gets to it!

 

[Nunyacreek]

Adding my 2 cents to the accuracy question…
I would advise any corner crosser to use survey equipment/data as accurate as that which will be used against you. In MT game wardens use Onx, they aren’t going to ticket you for being off a few inches because how would they know it? If a landowner had a survey-grade GPS to mark the corner then it would be easy, they’d mark the corner and you’d cross there. What I don’t think will happen is that a landowner will have information that is way more accurate than the corner crosser, refuse or neglect to mark the actual corner, somehow mark where the corner crosser was on the ground and then provide information to a prosecutor which documents the actual location of the corner crosser relative to their own more specific but not available or displayed on the ground information.. just seems extremely unlikely and unwieldy

 

[Elkmagnet]

Not disagreeing, just galls me to see ranch for sale ads touting exclusive access to public ground.

Here in Owyhee county ID landowners speak like this when I get permission now.
You may cross my deeded property but not hunt it. Feel free to hunt "my undeeded property".
My right eye twitches a little as I bite my tongue.

 

[TexanSam]

Here in Owyhee county ID landowners speak like this when I get permission now.
You may cross my deeded property but not hunt it. Feel free to hunt "my undeeded property".
My right eye twitches a little as I bite my tongue.

I'm going to refer to my apartment as my "undeeded property" now.

 

[Dougfirtree]

I'm going to refer to my apartment as my "undeeded property" now.

At least you're paying a fair market value for your undeeded property...

 

[SAJ-99]

Doing HTers who hunt outside the 10th Circuit a favor -- this dude is crapping in the nest of other landowners across the Mountain West by continuing to push. Sometimes smart people take a local loss for that very reason - to keep it local.

Just getting around to reading the petition doc. Looks like they are using Leo Sheep Co v. US. In Leo Sheep the US built a road to a lake. Somehow the attorney is going to argue that stepping across a corner is equal to building a road? Can Eminent Domain apply to air? This is going to get crazy, so I suspect the SCOTUS will pass.

From the news article.
The petition argues that in a case known as Leo Sheep the Supreme Court decided against the federal government having any kind of easement across corners. “The relevant question in Leo Sheep was not about how the public accessed the land but whether the government had an access right at all,” the petition states.

From the petition, which I take some exception to, but precedent and "accepted understanding" doesn't seem to have much weight with this court.

The Tenth Circuit’s decision upended decades of accepted understanding—shared by federal and state officials—that corner-crossing is unlawful, and the opinion below has caused confusion about the limits of its holding.