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Corner Crossing: Legal or Not?
By Todd Helms
“Our solicitors think it’s pretty clear,” said Tracy Stone-Manning, director of the BLM. . . “We’re taking that ruling quite seriously and making sure that our state directors are implementing it.”
Well, that seems pretty cut and dry but as with all things tied to Government the real world application and legality are as clear as mud. Manning’s directive has been met locally with some balking as the footing on “corner-crossing” remains tenuous at best.
“Until we get a declaration from the 10th Circuit yay or nay, we’re still going to do a little bit of head scratching,” Semerad said. “We don’t have a definitive answer. We’re waiting to hear if it holds up.” That from Ryan Semerad, the Capser, Wyoming attorney who represented the Missouri hunters central to this case.
While the men have been cleared of criminal charges, there remained much to be seen regarding their civil culpability, as landowner Eshelman is claiming the men owe him damages to the tune of around $7.5 million, however, as of this morning “a possible jurisdictional defect” has stalled and will possibly prevent Eshelman from contesting his loss in a civil suit.
Confused? Yeah, me too.
The possible defect has resulted in “briefing on the merits” of this civil case being suspended. In other words, it’s dead in the water at the moment. So that brings us back to BLM Director Stone-Manning’s directive and just how quick a change like this can and will take place.
“If this holds up under appeal and becomes the law of the land, there has to be time so we can work with private landowners,” said Brad Purdy, the state office’s deputy state director for communications. “This will be a change.”
Purdy urged public land users to exercise great caution if they’re thinking about corner crossing. He said he wouldn’t personally do it at this time.”
So, is corner-crossing legal now? You won’t see this guy attempting it anytime soon but that’s just me, as I’ve grown fond of an old Shakespeare quote, “The better part of valor is discretion”.
Source Links
https://billingsgazette.com/news
https://wyofile.com/feds-walk-back-blm-boss
Hopefully this will be resolved so that the public land, which we all own, will be open to access. I understand private land owners desire to keep people off their property and I agree that they have the right to do so; however, public land is not there for said landowners to utilize as only theirs. I find in unbelievable that someone feels that their property was damage to the tune of $ 7 plus million dollars by someone stepping over a corner. I know landowners who have been great to deal with and then I know others that have been…..well lets just say not so great. When greed and power play into things its never good. We all know it is past time that the Corner Crossing issues across the Country are resolved and it seems that they may be in the near future…..lets hope so.
WELL said Doug!