Utah, and the American West, contain a patchwork of private and public property in a checkerboard pattern, setting up diagonal properties that are public lands pinched between private properties. Private landowners have claimed that no one can possibly cross from one public unit to the diagonal public unit without trespassing. Hence, only the private owner can access the public inholding.
No longer.
The Wyoming test case trial ended in a summary judgment last week, agreeing with the previous jury trial decision. U.S. District Judge Skavdahl wrote, “…corner crossing on foot in the checkerboard pattern of land ownership, without physically contacting the land and causing damage to the private property does not constitute unlawful trespass.” Skavdahl generalized, “…defendants, ‘in common with other persons [have] the right to the benefit of the public domain,’ which necessarily requires some limitations on the adjoining private landowner’s rights of exclusion within the checkerboard pattern of ownership.” Great news for citizens who enjoy public lands.
The defendants used a step ladder to cross the corner and the judge stated that no obstruction can be erected by the landowner at the corner to obstruct the corner crossing by the public.
The defense was based on the 1885, “US Unlawful Inclosures Act” which states, “…[at the time] any such inclosure was or shall be made, are declared to be unlawful, and the maintenance, erection, construction, or control of any such inclosure is forbidden and prohibited; and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, …[is] declared unlawful, and prohibited.”
8.3 million acres of corner-hostage land has now been freed for the rightful owners, the public. Keep the public in public land!
Kirk Nichols, Salt Lake City
