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Thread: Corner Hopping

  1. #71
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    Quote Originally Posted by WEST RIVER View Post
    How is it that I can float across private property as long as I don't touch the bottom. It must be because all the waters in the state belong to the state
    Not true in all states. In some states only if the water has been declared navigable by the state.
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  2. #72
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    Evidently the Wyoming AG doesn't have access to your "case law", nor a number of county District Attorneys. The Chief Game Warden dismissed the "air space" argument when we spoke last week.

  3. #73
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    Wyoming game wardens can write tickets for trespassing and do frequently.

  4. #74
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    In all reality it doesn't matter if two private properties touch at the very apex of the corners. There is no way that you can cross them without trespassing since when one property ends the other starts. Even the step ladder idea won't work, that is unless the ladder is high enough to get you out of the private property air space.

    On floating rivers different states have different laws. In Colorado you can float the river since the water is owned by the state, but you can not touch the earth under the surface. So if you fall out of the raft or boat and stand up you can be cited for trespassing. Utah is the same way but it is being fought in court. In Utah it used to be that the state owned from high water mark to high water mark but they changed it a few years ago but it is being fought.

    The question that you need to ask yourself is do you want to risk a ticket by doing something stupid and then going to court and trying to argue that you just stepped over the corner and not on the land itself.
    If you don't care where you are, you are not lost....

  5. #75
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    If you plan on corner crossing in Wyoming, I suggest calling the Chief Game Warden, your hunt area County DA, and getting an education; it's free.

    Whether you get cited for trespass via CC (public to public) will depend entirely upon the County DA in which you are recreating and their interpretation of the regulation and/or law. Trespassing onto private and hunting that private (game violation), is a different issue.

    Wyoming Game and Fish will not cite for criminal trespass regardless of the County as noted by JM77 and confirmed by the Chief Warden. Being cited by a Deputy for criminal trespass depends on the circumstances and interpretation by the County DA.

    In the counties I hunt, they do not cite nor prosecute for trespass via CC. Do yourself a favor; make a few calls and get your information first hand. It took more time to write this than it did to get accurate information.
    Last edited by WapitiBob; 02-19-2018 at 12:55 PM.

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  7. #76
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    Quote Originally Posted by rammont View Post
    Prove it, you keep claiming that there is no case law that set a precedence, I proved you wrong. Have you read this case? I suspect that you haven't, if you have then explain to me how it does not set a precedent for making corner crossing illegal. If corner crossing weren't illegal then this whole discussion would never have happened. Justice Warren E. Burger said in his summary

    "We are unwilling to accept the Government's invitation to upset settled (emphasis is mine, settled means that the expectations of land owner have already been proven under the law) expectations to accommodate some ill-defined power to construct public thoroughfares through private property without compensation".

    In other words, unless you get permission from the property, who has been compensated to his satisfaction (which may or may not include financial compensation), you can't cross his property.

    Stepping over a corner still requires that you violate the space above the property, space that is considered private property. Again, imagine that both adjacent property owners built fences to the corner. Further, imagine that the fences are extensions of the property lines. If you want to cross at the corner then your body would have to cross/touch the fences/property lines on both sides of the corner (your body occupies 3 dimensional space; height, width, and depth) which means you that you would have to trespass.

    Once again, making up an excuse to try to get around the legalities just isn't going to work. As I've said several times now, even a reasonable amount of air space above the ground is considered private property, if that weren't so then nobody would have any rights to build structures that were any height above the ground or plant trees. If you understand my point about imagining a fence rather than invisible property lines then you will understand that the ladder will still violate the air space above the ground.
    First, there is no state statute concerning air space in Wyoming except in relation to low flying planes. Second, yes I read the case and it's over the government building a road, a far different thing than a corner crossing on foot.

    There is no further need to argue this point with you. I will continue to access my public lands without peril and without any harm to private landowners via corner crossing. There may, however be a game animal or two in peril due to my actions. I will leave you with this picture of an outfitters attempt to keep people from corner crossing and up to this point, there have been no criminal trespass tickets written over going through those signs.Click image for larger version. 

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  8. #77
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    Quote Originally Posted by JimP View Post
    The question that you need to ask yourself is do you want to risk a ticket by doing something stupid and then going to court and trying to argue that you just stepped over the corner and not on the land itself.
    You better believe it, as long as there isn't a law specifically prohibiting me from doing so. Public land is public, and checkerboard properties should be accessible, otherwise the government may as well sell or lease it off.
    Live to hunt, hunt to live.

  9. #78
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    Idaho bill would increase the penalty for trespass...including the possibility of a felony as part of the three strikes rule. While I have respect for private property, making trespass a felony is going too far.

    https://idahostatejournal.com/news/l...37ba4512d.html
    Don't fence me in!

  10. #79
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    You should make call to the county attorney for the most authoritative answer, but I just talked to a couple lawyer friends, one a former county attorney in NE, the other a former deputy attorney general in WY. One said prosecuting such a case wouldn't be worth it and could cost a county attorney an election because there are more hunters than land owners. The other thought considering corner-crossing criminal trespassing was absurd and offered to represent me if I was ever cited.

  11. #80
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    Quote Originally Posted by JM77 View Post
    First, there is no state statute concerning air space in Wyoming except in relation to low flying planes. Second, yes I read the case and it's over the government building a road, a far different thing than a corner crossing on foot.

    There is no further need to argue this point with you. I will continue to access my public lands without peril and without any harm to private landowners via corner crossing. There may, however be a game animal or two in peril due to my actions. I will leave you with this picture of an outfitters attempt to keep people from corner crossing and up to this point, there have been no criminal trespass tickets written over going through those signs.Click image for larger version. 

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ID:	20937
    Come on over to my place in Montana and let me know where you'll be crossing and I'll be glad to arrange an introduction to the Powell County Sheriff's deputy.

 

 
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