Originally Posted by BuzzH
There is no discussion about motorized access or any talk of eminent domain or any other taking.

This case is/was 100% about stepping from one piece of public land to another piece of public land.

Read the summary judgement...

I read what I understood of the judge’s comments. It seemed that the verdict was specific to the facts of this case. I didn’t see where he prohibited tall fencing of corners. No attorney here, so I could have missed that. I do understand that an advocate such as yourself would want to generalize it.

Ultimately, if a landowner is not free to put fence as high as he chooses to the very last inch of his property, then there is a taking. Such fencing would leave no practical way to cross his corners. Other than the covetousness of his neighbors, I see no reason he should not have the right to do so.