Legal Ruling Opens Public Land Access, But Experts Urge Caution for Wyoming Outdoor Users

A recent federal appeals court decision has affirmed the right of the public to access certain public lands via “corner crossing,” a move celebrated by outdoor enthusiasts but accompanied by calls for caution and respectful conduct, Wyoming News Now reports.

The March ruling applies to states within the 10th Circuit—Wyoming, Colorado, New Mexico, Utah, Oklahoma, and Kansas—and stems from a high-profile case involving four Missouri hunters who were sued after using GPS to corner-cross into public land on Wyoming’s Elk Mountain. Corner crossing refers to the act of stepping from one parcel of public land to another at the intersection of two private and two public parcels, without touching private land.

The court concluded that private landowners cannot use fences, trespass claims, or other means to block access to public land at these junctions. Citing the 1885 Unlawful Inclosures Act, the panel ruled that federal law overrides state trespass laws in these instances, stating that obstructing passage to public land is illegal under federal statute.

While public lands advocates hailed the decision as a win for access to the estimated 8.3 million acres of “corner-locked” land in the West, legal experts and landowner representatives are urging recreators to tread carefully. Speaking at a panel during the Wyoming Outdoor Recreation Summit in Laramie, attorney Ryan Semerad, who represented the Missouri hunters, emphasized the need for respectful and informed conduct.

“This doesn’t mean you can ride your ATV across private land or ignore boundaries,” Semerad said. “It means that if you can lawfully situate yourself and know exactly where the property lines and markers are, you have the right to move from one public parcel to the next at the corner.”

Jim Magagna, executive vice president of the Wyoming Stock Growers Association, also participated in the panel and acknowledged that the ruling has clear implications. However, he highlighted the many legal and practical questions that remain.

“Does this apply to all corners? Can landowners designate specific access points? These are questions yet to be resolved,” Magagna said.

The panelists agreed on one key point: the importance of cooperation and communication between landowners and outdoor users.

“Respect and cooperation is always going to take us much further,” Semerad said, emphasizing the tradition of courteous land use in Wyoming.

The legal case originated from Carbon County, Wyoming, where hunters Brad Cape, John Slowensky, Phillip Yeomans, and Zach Smith were accused by Elk Mountain Ranch owner Fred Eshelman of trespassing by passing through the airspace over his private property. Eshelman’s lawsuit aimed to block any future corner crossing onto roughly 11,000 acres of public land surrounded by his 50-square-mile ranch.

Though the appeals court’s ruling was unanimous, Semerad noted it could still be appealed to the US Supreme Court, with a decision on that front not expected before winter. In the meantime, corner crossing remains legal under federal law in the 10th Circuit, provided no physical intrusion occurs on private land.

Landowner groups, including Magagna’s association, have suggested alternatives to corner crossing, such as land exchanges or creating designated access routes, which may be explored further by state legislatures. Wyoming’s Travel, Recreation, Wildlife and Cultural Resources Committee is scheduled to discuss the matter in early June.

For now, experts say the best approach is one grounded in awareness and mutual respect.

“Knowing where you are and maintaining open dialogue with landowners is key,” Semerad said. “This is how access can be preserved without conflict.”