Corner crossings

B

Bob Peters

Well-known member
I think this is a bigger question out west, but I've wondered about it in Iowa and now a new spot I just saw in MN. Can you corner cross on two diagonal pieces of public land with the inverse pieces of land both being private? I know of one piece in Iowa they re-did a bunch of habitat two years ago and noticed that they put up a large fence that prevented this practice. I thought of this yesterday because to my joyful surprise I found a new piece of land kitty-corner to one of my favorite public spots, and it's owned by a small independent habitat group and sounds like will be turned into a public hunting spot. Then I started to do a little digging and found a whole pile of different land that was recently turned over to the state or will be in the near future. It was a bright spot of my day to know that this land will be preserved as wildlife habitat, and a bonus that it's in an area I tend to frequent come October.
 
Bob Peters said:
Can you corner cross on two diagonal pieces of public land with the inverse pieces of land both being private?
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I would say that as long as you do not step onto the the private land, you would be ok. If the fence inhibits you from doing that, you might consider talking to the owner of the private land and ask if you can take a few steps on their land to access the next piece you are trying to get to.
 
The short answer is that it's unclear. I think most fish and game departments advise against it, but that's probably based more on conflict avoidance than law. There has been a recent case in Wyoming where a group of hunters were acquitted on trespassing charges based on corner crossing. Meateater has a LOT of coverage on this particular case. Having lost on the criminal side, the landowner is suing the hunters. The landowner's theory of damages is the "quiet" part that I'm surprised he's willing to say out loud. It's pretty interesting to me, but with 97% of Kansas being privately owned, it's not very relevant to my Kansas hunting.
 
I’ll buy a steak dinner to the person who can figure this out…. Thousands of acres on the other side of a corner in my world but it’s as clear as mud. Until it’s in writing seems like a good way to get shot out west
 
matto said:
The short answer is that it's unclear. I think most fish and game departments advise against it, but that's probably based more on conflict avoidance than law. There has been a recent case in Wyoming where a group of hunters were acquitted on trespassing charges based on corner crossing. Meateater has a LOT of coverage on this particular case. Having lost on the criminal side, the landowner is suing the hunters. The landowner's theory of damages is the "quiet" part that I'm surprised he's willing to say out loud. It's pretty interesting to me, but with 97% of Kansas being privately owned, it's not very relevant to my Kansas hunting.
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Ive followed the case you are talking about it’s a mess.. I hoped it would create clarity but them guys are fundraising like crazy just to defend themselves in court.
 
Golden Hour said:
If you were talking elk hunting in Colorado, I'd tell you to think long and hard. Pheasant/grouse hunting in MN? I think you're good.
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Alls I know Golden Huor is if it's my land you want to tresspass on you better get pretty good at balancing on that middle fence post. I could care less if youre after phezz, deer, gopher, or what the hell. Illegal is illegal brother.🤡
 
Bob Peters said:
I think this is a bigger question out west, but I've wondered about it in Iowa and now a new spot I just saw in MN. Can you corner cross on two diagonal pieces of public land with the inverse pieces of land both being private? I know of one piece in Iowa they re-did a bunch of habitat two years ago and noticed that they put up a large fence that prevented this practice. I thought of this yesterday because to my joyful surprise I found a new piece of land kitty-corner to one of my favorite public spots, and it's owned by a small independent habitat group and sounds like will be turned into a public hunting spot. Then I started to do a little digging and found a whole pile of different land that was recently turned over to the state or will be in the near future. It was a bright spot of my day to know that this land will be preserved as wildlife habitat, and a bonus that it's in an area I tend to frequent come October.
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Huh. In all the public land hunting I've done in SD & IA, I don't think I've ever been faced with this conundrum. (unless I just didn't give it a second thought :unsure:) That I can recall, any time I've gone from one public piece to another, there's always been common side; not just a corner. This situation in IA, where they put up a big fence, are you pretty sure it was just to prevent hopping from one corner to another? That just seems odd. But then....Iowa. ;)
 
hyresmack said:
Alls I know Golden Huor is if it's my land you want to tresspass on you better get pretty good at balancing on that middle fence post. I could care less if youre after phezz, deer, gopher, or what the hell. Illegal is illegal brother.🤡
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The guys mentioned above in the lawsuit built a u shaped ladder in order to never touch the fence, it’s a lawsuit about public or private airspace above the fence.
 
A5 Sweet 16 said:
This situation in IA, where they put up a big fence, are you pretty sure it was just to prevent hopping from one corner to another? That just seems odd. But then....Iowa. ;)
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It's a good question I don't really know the answer to. They were doing a ton of habitat work, everything was tore up, heavy equipment dug a new pond, etc. Now I'm trying for the life of me to remember if the fence went around the entire property. For sure it was more than just the corner. I just looked up the property and it's WPA so federal land. I do remember being there twice before all the work was done, and there was a well worn goat path where all the hunters had crossed.

All I know is, if Trump crossed a corner in New York 7 years ago, it's probably in a sealed indictment ready to be open in a fair and unbiased court in Manhattan....

Just a joke😅 folks, just a joke. No political endorsement implied or given for any person or party.
 
Quailnerd said:
The guys mentioned above in the lawsuit built a u shaped ladder in order to never touch the fence, it’s a lawsuit about public or private airspace above the fence.
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I had no idea this was an actual thing. I can see the argument, if the hunter(s) touched a fence/post installed by the private landowner. But airspace? The idea that land isn't worth much if it only includes the surface makes sense. But to me, if touching the air doesn't impede the actual, current use of the property, or someone's privacy, etc., then how is that trespassing? I'm standing on a sidewalk & reach an arm over into the airspace above a residential lot. That's trespassing? Doubtful. But if I touch a corn plant, potentially disrupting its growth? Hmmmm. I don't see a one-size-fits-all solution to this, unfortunately. Some guys built a bridge over the corner that doesn't in any way impede the use of my property.....no foul. My combine destroyed their bridge because it was in the way. Also no foul. The bridge is so big & stout that it damaged my combine & prevented harvesting 2 plants right in the corner. Bridge builder is at fault. People are amazingly different, but I'm surprised anyone has the time & interest level to argue this. That said, it's fun for "some people" to think about, & I feel like I've just solved it.:cool:
 
Quailnerd said:
The guys mentioned above in the lawsuit built a u shaped ladder in order to never touch the fence, it’s a lawsuit about public or private airspace above the fence.
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IMO...

You're right that it's about airspace, from a legal point of view. But not really. He wouldn't be suing if people were holding their arms over the edge of the road easement. It's about keeping the public out of corner-locked public land.
 
matto said:
IMO...

You're right that it's about airspace, from a legal point of view. But not really. He wouldn't be suing if people were holding their arms over the edge of the road easement. It's about keeping the public out of corner-locked public land.
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This seems pretty likely.
It also seems likely (& ironic) to me (pardon the profiling) that anyone bringing a law suit based on the argument that his airspace was somehow being impinged upon is the same type of person who'd have a real difficult time trusting a court of law to find in his favor, & is more likely to somehow take the law into his own hands. Weird.
 
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matto said:
IMO...

You're right that it's about airspace, from a legal point of view. But not really. He wouldn't be suing if people were holding their arms over the edge of the road easement. It's about keeping the public out of corner-locked public land.
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Totally agree with the goal you have stated, this issue is just screaming for some adults to address the situation and say yes or no…
 
I think it depends on each state and how the view the vericle airspace. In michigan, legally you cannot legally cross at the corners, it is considered a trespass. Not saying it is right, just one of those goofy laws. People have attempted to use ladders to cross, but thatvis where the airspace violation comes into play. Not sur how high thatvair space goes. Similar yet different, if your neighbors tree has a large branch hanging over your propety or structure, many of these same staates you are permitted to cut that limb or portion over your property.
 
hyresmack said:
Alls I know Golden Huor is if it's my land you want to tresspass on you better get pretty good at balancing on that middle fence post. I could care less if youre after phezz, deer, gopher, or what the hell. Illegal is illegal brother.🤡
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That might be tough to do with bullet's whizzing by 😁
 
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