BLM Ordered to Implement Corner Crossing

JimP

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Mar 28, 2016
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The problem is that very seldom is the BLM the actual enforcement agency when something like this happens, it is the county sheriff that shows up to ticket the person for trespassing.

The last that I read the affected property owner was planning on appealing the ruling to a higher court so all this may not be over for quite a while.
 
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BuzzH

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Apr 15, 2015
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Like the US Supreme Court.....deeeeep pockets.
Going to the 10th circuit, Eshelman appealed Skavdahl's ruling. We have commitments from the hunters attorneys on a price for both the 10th circuit and the US Supreme court cases (if it goes that far, pretty narrow window that it will). Its not free by any means, but not as steep as I would have expected either.

I'm pretty certain that the 10th circuit will not over-rule Skavdahl's ruling on the Federal Case. I guess we'll find out in due time, but at this point I'm happy to be where we're at with the case.
 

buckbull

Veteran member
Jun 20, 2011
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Going to the 10th circuit, Eshelman appealed Skavdahl's ruling. We have commitments from the hunters attorneys on a price for both the 10th circuit and the US Supreme court cases (if it goes that far, pretty narrow window that it will). Its not free by any means, but not as steep as I would have expected either.

I'm pretty certain that the 10th circuit will not over-rule Skavdahl's ruling on the Federal Case. I guess we'll find out in due time, but at this point I'm happy to be where we're at with the case.
@Buzz - Is there a need for financial contributions? It looks like the BHA fund raiser on gofundme met its goal and there hasn't an update for a while. I contributed the first go around and willing to do more. Let us know please.
 

rammont

Active Member
Oct 31, 2016
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Montana
As mentioned above, it doesn't really matter what BLM says or does, the law enforcement agency that will normally be involved is the local Sherriff's office and if the land owner claims trespassing then they can be cited. It will be up to the local county prosecutor at that point to decide if the case will go to court. For the guy on the ground, it will be a case of a private land owner's rights against the accused. If the land owner can prove that his land was trespassed on then the corner crossing wont even be an issue. All this decision did was make things worse because some hunters will now think that they can trespass with immunity while the court's decision simply said that the air space isn't private property (personally I think that that idea wont hold in a higher court) and if you can find a way to cross at a corner WITHOUT trespassing on the land, then you are within the law.
 

BuzzH

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Apr 15, 2015
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@Buzz - Is there a need for financial contributions? It looks like the BHA fund raiser on gofundme met its goal and there hasn't an update for a while. I contributed the first go around and willing to do more. Let us know please.
Stay tuned on that, we will be raising some additional funding for the 10th appeal. Thank you for your support that has achieved the great results we've had so far. You should take a bow, without guys like you, this would not be going the way it is. Thanking you again, really isn't enough.

We've done incredibly well with the money we've raised so far and we have an account that is keeping track of all of it. So far, for a little less than 120K we've won the criminal trial (x4, each hunter had to have their own attorney), the Federal Civil Wyoming case, and have a pretty good down payment on the 10th appeal. IMO, money well spent for the potential to gain access to 8.3 million acres.

Also of note is that there have been countless hours of pro-bono work done by law professors, other attorneys, etc. on this case. All of that is helping to keep the costs down, and assuring us the very best representation we can have.

Finally, here's our attorneys (Ryan Semerad) take on where we are along with Skavadahl's summary judgement for those interested. I'm with Ryan and currently I believe that corner crossing is legal in Wyoming.

 

tim

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Jun 4, 2011
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I had an interesting trespasser last night on my property. he was using the high water mark law on the creek that runs thru the property. Now it is all surrourned by private and he had to cross private to get to the creek. I just did not understand what he was going to get, so he told me he was fishing for brook trout. the creek is to small, lots of overgrowth, i did not understand how he was going to cast. Besides, i had already let fish and game trepass so they could shock the creek to see what was living in it. All fish and game got was scalpin.

I went and took photos of his rig, which did not have any license plates on it. He knew what he was doing. I fully understand why there is the problem between private and public on both sides. I am not saying i have never trespassed, but when you watch it, it makes you not want to allow anyone on your place. This has nothing to do with corner crossing, but it does have to do with public trespassing.
 
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kidoggy

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Apr 23, 2016
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white landowners who worked for their properties should not be allowed to keep the riffraff out. they think they are entitled simply because they paid for the land they own. who do they think they are? LOL.
landowners should start practicing SSS.
 

Hilltop

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Feb 25, 2014
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Eastern Nebraska
Another win for the good guys...

He seemed to make it pretty clear that, at least to me, that this ruling sets precedent. Has anyone reached out to any CAs to get their take on it and/or how they plan to handle future landowner complaints?
 
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BuzzH

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Apr 15, 2015
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He seemed to make it pretty clear that, at least to me, that this ruling sets precedent. Has anyone reached out to any CAs to get their take on it and/or how they plan to handle future landowner complaints?
Here you go, Ryan Semerad, the lead attorney for the Missouri hunters lays it out on what he thinks in regard to precedent, etc.


I have not personally talked with any CA's, but I would be shocked if you could find one that would try to prosecute for it.
 
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