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    Inside the battle for America’s West

    enApril 17, 2024

    Podcast Summary

    • Conflict between public land users and private landownersPrivate landowners and public land users can encounter conflicts, leading to harassment and potential legal action. Clear communication and respect for boundaries are crucial to prevent such incidents.

      A group of hunters from Missouri had a disturbing experience while on a hunting trip in Wyoming in 2021. They traveled to Elk Mountain, a popular destination for hunters due to the large population of elk and isolated location. However, they were soon harassed by a local ranch manager, Stephen Grundy, who believed they were trespassing on his boss's ranch. Grundy and his colleagues allegedly watched the hunters constantly, scared off game, and even entered their tent without permission. The hunters filed harassment complaints and were eventually charged with criminal trespassing. In essence, this incident highlights the potential for conflicts between public land users and private landowners, and the importance of clear communication and respect for boundaries.

    • Historical Tension Between Public and Private Land Ownership in the American WestThe ongoing dispute between hunters and landowners in Wyoming over access to public land highlights the historical tension between public access and private control, stemming from the checkerboard pattern of public and private land ownership created during the construction of the transcontinental railroad.

      The dispute between hunters and landowners in Wyoming over a hunting trip on public land is not just about that incident, but rather about the historical ownership of land in the American West. This issue dates back to the mid-1800s when the federal government created a checkerboard pattern of public and private land ownership to fund the construction of the transcontinental railroad. This pattern, still present in parts of Wyoming, Utah, Nevada, and California, can make accessing public land a challenge due to invisible property lines and the need for corner crossing. The case could set a precedent for millions of acres of land in the American West and highlight the tension between public access to land and private control.

    • Legal gray area of corner crossing in WyomingDespite uncertainty, hunters can be charged with trespassing for corner crossing, touching private airspace with their bodies or equipment.

      The practice of corner crossing, where hunters diagonally travel from one public square to another across private property using brass caps as markers, is a legal gray area in Wyoming. This was demonstrated in the case of four hunters who used a ladder to climb over a no trespassing sign at a corner, only touching public soil with the ladder's legs. The hunters were eventually cited for criminal trespassing, sparking a lengthy legal battle. The legality of corner crossing has been debated for a long time, and it's unclear whether it's legal or illegal. Despite this uncertainty, the hunters were charged with trespassing on private property due to passing through a small amount of private airspace at the corners. The case has been ongoing for over three years and has resulted in thousands of pages of legal documents. The hunters, Bradley Cape, John Slowinski, Zachary Smith, and Philip Yeomans, were ordered to return to Wyoming for trial against the state.

    • Impact of Elk Mountain Ranch case on public land accessibilityThe Elk Mountain Ranch case could determine whether 8 million acres of public lands remain accessible via corner crossing or become restricted, impacting the relationship between private landowners and public land users in the US.

      The ongoing legal dispute between hunters and private landowners in Wyoming, specifically the Elk Mountain Ranch case, could significantly impact the accessibility of over 8 million acres of public lands in the US. The case revolves around the question of whether corner crossing, or passing through private property to access public land, is legal. If hunters win, these lands will remain accessible via corner crossing, preserving their public status. However, if they lose, these lands could be restricted, potentially limiting public access and benefiting large commercial interests. The outcome of this case could have far-reaching implications for the relationship between private landowners and public land users in the US.

    • Complex legal issues surrounding access to public land within private ranchesLimiting access to private land effectively restricts access to adjacent public land, impacting their value and control for wealthy individuals and corporations, as seen in Eshelman's case.

      The checkerboard pattern of public and private land ownership in Wyoming, which includes large parcels owned by wealthy individuals and corporations, raises complex legal issues regarding access to public land. Eshelman's case, which centers on limiting access to his private land at a corner, has broader implications for the value and use of public land within these private ranches. Despite Eshelman's claims, limiting access to private land effectively restricts access to the adjacent public land due to their close proximity. This situation can significantly impact the value and control of these large private ranches owned by wealthy individuals and corporations, including those owned by Stan Kroenke and Phil Anschutz. The ongoing legal battle between Eshelman and the hunters highlights the need for clearer guidelines and potential reforms to address the complex legal issues surrounding access to public land within these private ranches.

    • Hunters vs. Government: Largest Taking of Private Property in US History?The ongoing legal dispute between hunters and the government over public land access in Colorado could result in the largest taking of private property in US history, potentially reaching the Supreme Court, and could set a precedent for future public land use and accessibility.

      The ongoing legal battle between hunters and the government over corner crossing on public land in Colorado could result in the largest taking of private property in U.S. history, according to the hunters' legal team. This case, which has already seen several legal victories for the hunters, could potentially reach the Supreme Court. The hunters argue that the land in question, despite having "no trespassing" signs, was endowed by the federal government to the public and should remain accessible. The outcome of this case could set a precedent for the future use and accessibility of public land in the country. The hunters, who are eagerly awaiting the 10th Circuit's decision, view this case as a test of the American public's ability to maintain control over their public lands.

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