HUGE Ruling In The Wyoming Corner Crossing Case | Fresh Tracks Weekly EP.43
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- čas přidán 1. 06. 2023
- Randy Gives an update on what the crew has been up to. Michael has a fishing report from Fort Peck. Marcus is back from his bear hunt and Randy gives some news updates. This week for the deeper dive, the crew discusses the recent ruling in the Wyoming corner crossing case.
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Sounds like a big win for public land users...hope the ball keeps rolling. Thanks for following this one Randy and keeping us all informed!
We have checker board land here on the Canadian prairies too however, when the crown surveyors layed out the sections and 1/4 sections of land, each section of land was set with a 100 foot road allowance around it so that no section or 1/4 section of public land can never be isolated by private land. We also have provisions to use " historically established" trails/roads for access across private land to crown land when the road allowance has been developed due to the nature of the terrain.
That makes sense. Allowing private landowners to lock out 1 square mile sections of public lands is ludicrous.
Good idea…BUT 100ft is overreach…anything for Ingress, Egress, or Utilities and imposed by government shouldn’t be over 30ft wide.
That’s enough for any double lane road and power/water if ever needed.
Our situation here in the U. S. screams corrupt relationships between landowners and previous government officials. It's a matter that could have been rectified DECADES ago if citizens' right to access those tracts was important to lawmakers and judges. Just my two cents worth.
@@williammitchell8612 Agreed! A lot of where this came from was from when the West was settled and when the government gave land to the railroads. It also came from the State's themselves. In Montana, for example, every 16 and 36 sections of every township were given to the State to support the building of public schools. That checkerboards things very quickly. Also, a lot of it was from land disputes from the past where the government made deals with private landholders in trade for ground that had a higher farming value.
I believe in private property rights but I don't believe in property owners being complete tyrants, especially when people are doing their best to respect those property rights. This is all the more important as we see extremely rich people from far off cities (or China!) buying up huge tracts of western land. I think we're getting a real taste of what Native Americans went through in the 1800s... we're all Indians now.
Don't forget that the Native Americans had that genocide portion of the story.
@@thomasbryson9976 Not yet... but I think we'll eventually get that too. Any group of people that want to live in peace will never be allowed to do so because the greed of others will creep in to take it from them.
@@CplSkiUSMC I am hoping that there won't be more genocide in the US or anywhere else. I agree with your desire to balance land ownership with the reasonable use of public lands. Unfortunately the land of the free seems tilted towards money running the show.
@@thomasbryson9976 Bullseye! That is exactly right... money, greed, and power are the hallmarks of corruption. But, that is exactly what destroyed the Native Americans and I fear that, as always, history will repeat itself. Wyoming is my home and I'm seeing it happen. I'm all for capitalism, but not the out of control predatory capitalism that is really just pure greed and evil. The unchecked lust for money and power is disgusting and makes me want to wretch. There has to be a balance point and that's all good people are asking for.
Idaho is in the 9th District.
That landowner is just tryin to landlock that land for himself so he can sell hunts or hunt it.
Absolutely they can cross back and forth and the cost of elk and deer hunts on exclusive land means they can charge more. That’s where the 7 million in damages was derived
You’re thinking too small. Its not about just hunting. These landowners want to run cattle on the BLM land exclusively. If non owners gain access to the BLM land they can also run their cattle on the land.
Any public land should have legal eazment
Thank you guys for talking this over.
I think the feds need to come in and specify easement rights to allow the “public” to access “public” lands. This particular landowners is a greedy one and I hope the appeal is denied.
From the sounds of it, we need to hope it goes to the supreme court and and justices side with hunters and the right to access public land for everyone, not just those in this circuit courts jurisdiction.
Landowners are really going to hate when MAPS act comes through, and all those Forest Service easements forgotten about pop back up
100%
Is this just in wyoming are federal?
@@lukebonagurio4503Federal
Millions of acres of public land that cannot be accessed by the public. There should be easements into all public land.
more people need to be like those 4 great people who tried it.
Hi, my name is Ken Smith. Zachary Smith is my nephew. I'm sure you know by now, but an FYI, the way point charge was dismissed.
There's two sides to this coin. If the landowners can sue for crossing the few small inches over their "airspace" then why can't we citizens sue the landowners who set posts in the ground at the corners or stretch beams, chains, etc. that violate public dirt or airspace outside of the landowners' property lines??? Fight fire with fire. Don't we, the American taxpayers, have standing to bring forth lawsuit in the above described situation?
Thanks for the update, Randy!
Randy newberg is super influential and informed in the hunting world we need him!! Keep it going randy you’ve started something great over there at fresh tracks
I’m curious if anyone has compared the effect cattle have on the land compared to horses? Keep up the public land fight! Thanks Randy!!!
I would like the Federal Government to use its eminent domain rights and put in access to all land locked public lands.
One thing to note is that the land owner put a chain across the two corner posts. This is Very Important. Chaining up these two posts might be construed as denying access to public lands. The land owner might loose any grazing or mining rights if it is deemed the land owner denied public access to the public and had special permits.
Great stuff! 👍
The checkerboard land ownership land lock is a slap in the face to every citizen in this country for access to land we were granted
It's either ok or not. Shouldn't differ if it's a shortcut or whatever. If you have a surveyed corner and you can see that pin and step over without touching the private land then it shouldn't matter if there is other access
Great video and content guys. This is incredibly interesting. This court case has spurred conversation in Colorado legislation regarding corner crossing.
Private property rights are vital to our nation, but corner crossing isn’t trespassing. Public access to public property!
Very interesting
Thanx
If there was a 10lb grouse Randy would cross😂
Quick correction Idaho is in the 9th circuit court. Love what you guys do. Keep up the good work👍
Correct me if I'm wrong, but I believe that most of the checker boarding occurred as a result of a deal the US government made with the railroad companies to encourage line development. The companies were given every other section (in a checker board pattern) that they could then sell to recoup their investment in the railroad lines. This occurred primarily in the western US, since the railroad lines in the eastern US had already been established before this deal was made. In addition, one section from each township was given to the local school districts, which could (and often did) sell it to private owners.
You are 100% correct. In Montana, the State gave the school districts every 16th and 36th section of every township, further checkerboarding things. The government also often would make land swaps (eminent domain most times) with private citizens that would often end up with checkerboarded parcels.
as a wyoming resident, i am happy about this ruling...though, im not holding my breath it wont be overturned in the appeal...just seems like the judicial system is so corrupt on all levels, u cant trust them
I have said this before to the DA, on this channel, and I am going to say it again. If the point of public and private comes down to a needle point (or the one they drive in the ground), it is impossible to trespass while being simultaneously on both public and private property. I want anyone to prove me wrong.
False
Buying rounds! I love it! Thanks for the update 👍🏻
One last law 😆
Can you paraglide from one spot to another?
Randy should be corner crossing. He has the support and knowledge to generate the funds to cover any legal fees should a lawsuit occur. Somebody has to be on the offensive!
Great Podcast Michael great job on the fishing
Randy and Marcus great job on the Bears and Turkeys
God's Blessings
Years ago in New Mexico I basically forced a sheriff and a warden to make a self serving rancher create and allow me access to a piece of federal land ( about 300 acres of prime timber for deer and elk) that was in the middle of his land. This arrogant rancher had fenced this off for years for his cattle. I found later he had no lease and apparently for years the sheriff AND the low life warden knew this. I filed a suit and suddenly this land had gates to access the federal land. There are literally hundreds of pieces of federal property being hidden and used illegally by ranchers. These arrogant self righteous self serving ranchers need to fined for not having land lease use permits for grazing and the state game department should have public access gates installed. But, as usual, the state could care less unless they can find a reason to issue a citation for $ from out of state hunters. That’s the way it works in New Mexico. I’ve seen it happen.
Those Taxes going in whose pockets?
The important thing, as Randy stated, is that going forward people cross only over the actual property corner.
This may be offset from a standing fence corner, may be entirely unmonumented, may be in impassable terrain.
Also important is knowing that OnX or any other GIS-based parcel mapping service is an approximation only and holds zero legal weight.
Yes and zero weight applies to litigants on both sides. If surveyed corner posts have not been set than the "Landowner" can't prove that someone has Trespassed. The thing that real matters is to attempt and the intent to comply with the Trespass Act to the greatest extent possible. BTW, Landowner fence lines are only approximations at times as well.
Idaho is in the 9th Circuit. Sadly.
I’ll be opening a chain of ladder stores across the west soon. 😂
I'll be renting ladders and delivering on-site, kinda like Beau Batey's Llama business... 😁
Nice
just wondering if you cross a corner but don't touch there property whats the issue. are they also claming rights to the air or area above the land? I'm not aware of any states that give you rights weather someone crosses your land with a plane or something
Be careful my friend some of those farmers that charge big money are crazy when it comes to fence jumpers! Have fun and be safe!
Easy solution, no guiding on public and they would let us on to push the animals out
Based on that legal review in 08, is that why Randy took a helicopter into Landlock public land one season?
How much you want to bet the land owners are going to raise the height of their fence at the corner, so next time hunters will need a 14ft "A" frame ladder to cross.
If they do, they violate the Unlawful Inclosures Act, something stated in this case and many other cases.
Wonder if OnX would be accurate enough???
In the State of Georgia no land private or public can be land locked. If access to one's land is across another's the law requires a 15' easement be provided but the owner of the land locked property must maintain the road. I think this goes back to Kings Grants and laws from when we were under the crown.
I agree with the ruling. But I am willing to bet there are going to be more then a few public land hunters that will say I am close to the corner. So I can cross anywhere. 5 -10ft from the actual corner is still trespassing.
How do we find out which states have their fingers in those money's
We need a bill passed that no more laws can be passed only retracted.
One last law😮
Was the hunters crossing video recorded? Just curious if their account was undisputed
I see Michael always holds his pin on micro phone..... why ? He can just pin it on and make his presentation look more professional ?? God knows... he has enough surface area to on the front of him to pin it on....
Good job telling us your a schmuck without saying it.
Brutal. 😂
Yeah, I do wish he’d pin it or get a different mic…
Been watching the cases for a while. Next these billion dollar land owners will be using telephone poles on each corner that extend 10feet in every corner.
There are plenty of hunters against the tax, go scroll through any video that talks about it and you will find them.
You really need to stop bringing so much attention to fort peck. You guys have a net gain from it but the the rest of us not so much… please stop
By “the rest of us” your not including those who take the advice and go have a great time, because they are certainly having a net gain from it.
Randy help me understand in some states public land that has no access you are not allowed to hunt on it Nebraska is one
I remember watching a CZcams of you flying in with a helicopter and hunting elk on BLM land so I'm a little confused however I am glad these four hunters that the judge was on there side but I understood in most States if it doesn't have access you are not allowed to
Can we just pause a moment to thank our Federal Overlords for designing this checkerboard system in the first place? It's patently unfair to the public to allow the private landowners to in effect treat the adjacent Federal sections as "theirs" because the public has no reasonable way to access it due to neighboring private lands. At the same time, you feel for the private landowners if corner crossing becomes legally more widespread & there is a flood of "slob" hunters who mangle the access privilege and create headaches for the landowner.
The beginning of this centuries Johnson county war.
Your list of 10th circuit states was incorrect. The states the 10th circuit covers are Wyoming, Utah, New Mexico, Oklahoma, Colorado and Kansas. Hope the private land owners appeal so the ruling gets solidified.
Randy uses helicopters….so…yeah… :)
That's ausum the rich landowners all about $$$$ and hazing of wildlife for $$$$
Does anybody know how North Dakota’s model and policies for section lines and ability to travel on section lines and quarter lines. There is a setback on their section lines from the property line to drive to pick up Vehicles through so that neighbors can’t stop neighbors from utilizing their own land and allows access to public land and lakes . 😂It needs to be federal law so Landowners who have done nothing but inherit everything they have and use farm welfare we pay for to keep them on the land and they put put a $.25 poster up to keep everybody off the land. If they accept farm welfare, it should be written into the legislation that the land cannot be posted. If the landowner don’t like it, don’t take the taxpayers money in the form of farm welfare.
😢great start ✅🇺🇸😮