Four Missouri hunters were declared “not guilty” by a Wyoming court in a “corner crossing’ case that garnered national attention.
Corner crossing involves moving from one parcel of public land to another with adjacent corners, when the other two corners are made up of private property. According to Wyofile, “The hunters’ attorneys said Carbon County Prosecutor Ashley Mayfield Davis never produced evidence the four had touched the private land of Fred Eshelman’s Elk Mountain Ranch.”
The prosecutions argument hinged on the fact that private land ownership extends to any airspace above property. Ms. Davis told the jury in her closing arguments, “The law is you own the airspace. Land ownership is not just the dirt, it’s the airspace above.”
Eventually, the jury sided with the defense, but the story is not over just yet. A civil suit still hangs in the balance, with Iron Bar Holdings (the holders of Elk Mountain Ranch) arguing that the men committed a civil trespass, and seeking damage reparations.
For more in-depth reporting on the case, check out the story on wyofile.com.
A humble homesteader based in an undisclosed location, Lars Drecker splits his time between tending his little slice of self-sustaining heaven, and bothering his neighbors to do his work for him. This is mainly the fault of a debilitating predilection for fishing, hunting, camping and all other things outdoors. When not engaged in any of the above activities, you can normally find him broken down on the side of the road, in some piece of junk he just “fixed-up.”
William Carboneau says
The NAME OF THE PROBLEM IS ( GREED ) , The more they get the more they want!!! And today people are more so that way than 100 -150yrs ago when people were first settling our country and i’m using the term our country loosely ,they were more inclined to help each other that to fight one another. I Think it boils down to they do not want any hunters in there unless they are the guides for them!! Ans I don’t care if you print may name & email address .
Geoff Khan says
I suspect Elk Mountain Ranch provides guided hunts at rather high profit. They don’t want “free” public land hunters taking game they might be able to profit from. The biggest issue is the local prosecutor wasting public resources pursuing what is essentially a ridiculous case.
Phil Rasmussen says
Nice people can be found in all states. A-holes, jerks, nasty, trash, etc. people can also be found in all states. Let’s not single people out because of the region they come from. I was born in Missouri which makes be both northerner and southerner, but none of my ancestry fought in the Civil War. So what does that make me? As I see it a patriotic American who spent 30 years in the military and 20 years in our state community college system teaching young adults, hopefully more than just the subject matter (morals, ethics, patriotism, ability to think, and assume responsibility for their actions).
Darwin Lee Moss says
A few years ago a grandson of the property owner called a game warden and issued a trespass ticket even though he did not have evidence that we were on the unposted land. We paid the ticket but never went back to that state. We normally spend a week on each trip. Who won?
Ed says
Glad to see these people acquitted on this. Bad guys lose again!
But, how can you be sued in civil court for something you were acquitted of in another case? Double jeopardy should apply.
And why is it legal to fly over private land to access public land? But not legal to cross over it on foot to access public land? Makes no sense whatsoever.
WobblyJohn says
Civil proceedings have a different standard for guilt is the big difference. Criminal trials require “beyond a reasonable doubt” (in most states I believe) while civil trials only require a preponderance of evidence.
Also, since it’s civil versus criminal cases, double jeopardy does not apply. The defendant is feee to bring the fact they were acquitted criminally into the civil case if it helps them.
Louis W McClure says
Remember the “OJ” murder case? OJ Simpson was acquitted of murder but was held liable in civil court. I’m not a lawyer, but I can’t see where the adjacent property owners are entitled to damages. We live in a small city, and if I collected “damages” every time someone stepped off the sidewalk into my property, I’d sit out front with a camera and a calculator!! But our sidewalks are old and narrow, so someone has to step aside to pass one another; I’m not mean or inconsiderate enough to sue people for doing so.
Threeper says
Not all Yankees are as you say. Regards.
Giovanni says
Some landowners are a-holes. I own land in Alabama, and if a hunter crossed a corner of it (without hunting on it) to reach private property adjacent to mine where he has permission to hunt, I would not make a fuss about it. But this is the Deep South, where most people are nice, polite, and hospitable. Westerners and Yankees are not like us, unfortunately for them and for those who have to deal with them…
Don Walker says
If I am not mistaken, the land owner, who does not live on the ranch, lives in South Carolina.