The Checkerboard

Key Takeaways

Hunters faced legal action for 'corner crossing' public land in Wyoming, challenging private property airspace claims.
The dispute originates from the 19th-century 'checkerboard' land grant system used to incentivize railroad expansion.
A federal appeals court ruled corner crossing is not trespass in six Western states, but the issue remains unresolved nationwide.
The case highlighted the ongoing conflict between public land access and private property rights across millions of acres.

Hunters Brad Cape and his partner discovered an isolated Wyoming mountain with abundant wildlife but restricted access.
Local residents reported a billionaire purchased the land, limiting entry despite abundant elk.
Investigation revealed a 'checkerboard' pattern of alternating one-square-mile public and private land parcels, making public access difficult.

In 2020, Brad Cape and friends attempted 'corner crossing' to access public land on Elk Mountain.
They navigated a checkerboarded area, carefully circumventing no-trespassing signs and a chained T-post to avoid trespassing.
The hunters successfully corner crossed between public squares, harvesting three bull elk.
Ranch manager Steve Grindy confronted them, claiming corner crossing was illegal, despite the hunters referencing state guidance.

The 'checkerboard' land system, conceived by Thomas Jefferson, was implemented during the Civil War era.
This system involved granting vast corridors of land to railroads to facilitate westward expansion and colonization.
Over 130 million acres were transferred to railroads under this system, an amount comparable to the size of the third-largest U.S. state.
The checkerboard pattern led to problems, as railroads sold land to ranchers who then illegally fenced millions of acres, igniting the Range Wars.

In 2020, hunters returned to Elk Mountain, devising a strategy to circumvent rancher's fences after previous encounters.
Brad constructed a portable ladder, allowing hunters to cross over T-posts and through corner airspace without touching private property.
Ranch manager Steve Grindy contacted law enforcement after observing the ladder's use.
Ranch owner Fred Eshelman instructed Grindy to pursue prosecution, leading the county attorney to charge the hunters with criminal trespass.

The county attorney charged hunters with criminal trespass, citing the Unlawful Enclosures Act and the ranch's marked boundaries.
Hunters contested the charge, arguing they never touched the ranch's property and highlighting a long-standing legal contention in Wyoming.
Believing corner crossing to access public land is legal, the hunters hired Casper-based attorney Ryan Semarad.
Semarad recognized the case's significance for millions of acres of inaccessible public land across the country.

Fred Eshelman sued the hunters for up to $9 million, claiming they trespassed and devalued his land.
On the day of the criminal trial, a sheriff's deputy issued the hunters new citations for previous crossings, adding legal pressure.
During the criminal trial, the state argued that property ownership includes the airspace above it, constituting trespass.
The defense focused on the hunters never physically trespassing and asserting their right of access to public land.

The legal battle over corner crossing garnered national attention from hunters, environmentalists, hikers, and journalists.
Advocacy groups raised funds, recognizing the case's broader implications for public access to millions of acres of public land.
The case evolved into a moral issue, and although the hunters won at trial, the civil case was appealed to the U.S. 10th Circuit Court of Appeals.
Landowners, represented by Eshelman's side, appealed to the 10th Circuit seeking to establish a precedent that could deny public access.

During the 10th Circuit hearing, a judge questioned whether Congress intended for public land to be inaccessible when establishing checkerboard land grants.
In March, the U.S. 10th Circuit Court of Appeals ruled in favor of the hunters in Iron Bar Holdings v. Cape, supporting the idea that public lands are for everyone.
The decision affirmed that corner crossing is not a trespass in six states but did not resolve the issue nationwide, as the U.S. Supreme Court declined further appeals.
Hunters Brad and Phil, despite the legal ambiguities in 44 states, confirmed their intent to continue corner crossing, believing they can.