Federal Court Upholds Hunters’ Right to Access Public Land in Wyoming

A federal appeals court has ruled in favor of four hunters who faced civil trespassing charges after “corner-crossing” onto public land in Carbon County, Wyoming.

The unanimous decision by a three-judge panel of the 10th Circuit Court of Appeals upheld a lower court’s ruling, determining that the hunters acted lawfully by stepping from one section of Bureau of Land Management (BLM) land to another without touching private property.

The case stems from incidents in 2020 and 2021, when the hunters crossed between parcels of federal land in a “checkerboard” pattern of alternating public and private sections. The land in question is part of Elk Mountain Ranch, owned by pharmaceutical executive Fred Eshelman through Iron Bar Holdings. Eshelman argued that the hunters’ actions constituted trespassing and claimed that allowing such access would reduce the value of his property by an estimated $9 million.

After a criminal trespassing case against the hunters failed, Eshelman pursued a civil lawsuit. The case attracted national attention, with public land access advocates and private property rights groups weighing in on the broader implications of the dispute.

The appeals court’s decision, issued on March 18, confirmed that the hunters did not violate private property rights by crossing at the intersection of public and private land. The ruling cited the Unlawful Inclosures Act of 1885, which was originally enacted to prevent large landowners from restricting access to public lands.

“The district court was correct to hold that the hunters could corner-cross as long as they did not physically touch Iron Bar’s land,” the judges wrote in their 49-page ruling.

The decision has significant implications for land access in the American West, where millions of acres of public land are surrounded by private holdings in a similar checkerboard pattern. In Wyoming alone, 2.4 million acres of public land are “corner-locked,” with no clear access unless corner-crossing is permitted.

Public land advocacy groups hailed the ruling as a victory for hunters, hikers, and outdoor enthusiasts who seek access to federal land. Organizations such as Backcountry Hunters and Anglers raised funds to support the hunters’ legal defense, emphasizing the broader importance of the case.

“This ruling ensures public access to millions of acres of corner-locked public lands,” said Dagny Signorelli, Wyoming director of Western Watersheds Project.

However, some property rights groups have expressed concern about the decision. The United Property Owners of Montana, which filed a brief in support of Eshelman, warned that expanded corner-crossing rights could create challenges for private land management.

Although the ruling sets a precedent in the six states covered by the 10th Circuit Court of Appeals, the case may not be fully settled. Eshelman and Iron Bar Holdings have the option to request a rehearing or appeal to the US Supreme Court.

Legal experts suggest that if the case reaches the Supreme Court, it could establish a nationwide standard for corner-crossing disputes. Meanwhile, advocates on both sides of the issue continue to push for legislative or judicial clarification of land access rights.

With input from WyoFile, Montana Free Press, Wyoming Public Media, and Cowboy State Daily.