Originally Posted by WMR
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.

Read the UIA for starters, specifically the cases the judge cites. The precise reason the UIA was made law is to prohibit a landowner from denying or impeding access to public lands. Secondly, Wyoming Statute states clearly that the airspace on the corners is shared with the "several owners" meaning you can't build a fence to prohibit access.

Last edited by BuzzH; 05/28/23.