Yesterday, the U.S. Supreme Court declined to hear an appeal in a landmark "corner crossing" case involving four hunters, solidifying the legality of the practice across much of the Western United States. This decision ensures public access to millions of acres of public land, reinforcing a tradition of shared resources for hunting, recreation, and more. The ruling, rooted in a 5-year dispute out of Wyoming, has far-reaching implications for land access across the American west.
The act of corner crossing involves stepping from one parcel of public land to another at their shared corner, briefly passing through the airspace above adjacent private property without touching or damaging it. This practice is vital for accessing isolated public lands in the "checkerboard" pattern—alternating square-mile sections of public and private land—created by 19th-century railroad grants. These patterns span states like Wyoming, Colorado, Utah, New Mexico, Kansas, and Oklahoma, and effectively cover millions of acres.
This particular case began back in late 2020 at the Elk Mountain Ranch, a 20,000+ acre private property in Carbon County, Wyoming, owned by Fred Eshelman, a North Carolina pharmaceutical executive and self-described conservationist. Eshelman restricted public access to the ranch’s embedded public lands, prompting four Missouri hunters—Bradly Cape, Philip Yoemans, Zach Smith, and John Slowensky—to challenge the status quo. After researching the property and learning of its elk populations, the hunters used corner crossing to access public parcels for hunting, relying on historical precedents like the 1885 Unlawful Inclosures Act, which prohibits blocking public land access.
District Court of Wyoming
After the incident was revealed to the landowner, Eshelman pushed for misdemeanor criminal trespass charges in 2021 and filed a federal civil suit (Iron Bar Holdings, LLC v. Cape et al.). The hunters, backed by groups like Backcountry Hunters and Anglers and amplified by industry voices like Steven Rinella (MeatEater), argued they were preserving public trust in lands held for all Americans.
In 2022, a Rawlins, Wyoming, jury acquitted the hunters of criminal trespass, finding they never set foot on private land. In the civil suit, a U.S. District Judge ruled that corner crossing was legal, a decision upheld by the 10th Circuit Court of Appeals. Eshelman’s appeal to the Supreme Court, led by attorney R. Reeves Anderson, was rejected yesterday, without comment or dissent, locking in the 10th Circuit’s ruling. The hunters’ attorneys, Ryan Semerad and Lee Mickus, celebrated the decision as a “solid foundation” against landowners monopolizing public lands.
“It’s just an immediate sign they have reviewed the matter in as short a window as possible,” Semerad said. “They looked at it and said, ‘We don’t need to do anything here,’ at least that’s my interpretation.”
The Supreme Court’s rejection secures access to approximately 2.44 million acres of public land in Wyoming alone, with broader impacts across the 10th Circuit states. Landowners can no longer sue, call sheriffs, or fence off corners to isolate public parcels without violating laws like the Unlawful Inclosures Act. The ruling counters real estate claims of “exclusive” control over public lands, a tactic used to inflate property values, and reaffirms the public’s right to hunt, recreate, and enjoy shared resources.
While limited to the 10th Circuit, the decision sets a strong precedent. A full Supreme Court hearing could have established nationwide clarity, but the swift dismissal suggests the Court saw no need for further review. And while the hunters expressed vindication, they have undoubtedly pondered if further escalation might have broadened the victory.
For the moment, the decision remains a win for outdoor enthusiasts, hunters, and advocates of public land access, ensuring that millions of acres remain open for future generations. As debates over land rights and access continue, this case stands as a testament to the power of collective action and legal precedent in safeguarding our shared resources.
