1'st The reference to a drone in your yard. The point was made that no trespass occurs if no foot prints are left behind. That is a completely false assertion.
2'nd Every sq foot of your property and mine is sacrosanct. It is ours to do with as we please. Absent any contractual obligations or code violations anyway. If the landowner wishes to put razor wire 20 feet high right up to that microscopic dot which is the corner. He has every right to do so.
3'rd This is a very dangerous precedent, and yes it is a precedent, or the lawsuit would have never made it to court. Eshelman would have never gotten the hunters arrested in the first place. BLM and USFS would not have recognized it as illegal practice since their inception.
4'th This is just old Buzzy's foot in the door. IF this decision is allowed to stand, next year or the year after Buzzy will be back asking for donations so he can fight to get horse back access at the corners, and then ATVs, and pretty soon he will sue to force landowners to provide handicapped access. And at every step Buzzy gets his percentage of the take. You know he ain't doing this schitt for free. His ethics have been exposed across the internet. His and old Wayne LaPierre.
5'th In reference to Bruen. The Bruen decision threw out bad law which was contrary to COTUS. This is the exact opposite. This decision is attempting to establish new law which is contrary to COTUS.
6'th As far as the so called Judge and lawyers defending this decision so vociferously. So have the judges and lawyers defended every wrong decision of the 9'th until it was reversed.
7'th Hey if corner crossing is good in remote Wyoming, it is good on your postage stamp yard or estate where ever you live. As long as I desire to reach what is on the other side of the fence. That is as long as I don't leave a foot print? Right?
8'th Just because something feels good to you does not make it right. Just like Covid checks. They should have never been printed, whether they had Trump's name across the front or Biden's.
9'th Mineral Rights????? Really?? You went there? Do you have a 5 year old mentality, or is it that you think your audience does.
If you can not convince them with brilliance, baffle 'em with bull schitt! Right Buzzy.
Obviously, if mineral rights to a property have been sold/withheld/what ever, access to develop those minerals is included in the sale.
2'nd. If the landowner wishes to fence it, as you say, the public has a right to see the surveys that establish the the fence lines, just as I would have the right to see the survey if someone wanted to fence the boundary to my property, especially if their fences are restricting access to my property. And, considering trespass, the landowner doing the fencing better make sure they are tighter than the proverbial Dick's hatband so that when a stiff breeze blows no portion, not even a point of a barb on the razor wire intrudes into the public airspace. And oh, let's not forget the necessity of No Trespassing signage rules in some states. The landowner may have to go to some expense to cover those costs too.
3rd. It may perhaps be precedential. Good, if it opens other areas of public land to public use that have been co-opted by private landowners for their own use. Perhaps, BLM and USFS have been wrong in their interpretation "since inception".
4th, foot in the door? Perhaps, and those other issues you mention can then be fought in court as is the prerogative of the People. Buzz may perhaps get his take....Capitalizm at it's finest?
5th. Assuming Bruen threw out bad law, then why not assume this decision is throwing out "bad law" or perhaps a bad interpretation that has been around and never (successfully?) challenged before. As I mentioned earlier, no law is "settled" as we have seen multiple times in history. Never forget "bad" is one person's view, "good" another's.
6th. So have judges and attorneys done so with almost every law on the books, whether the law was overturned or upheld. It's the nature of that beast, the Judicial System. Shall we toss that system and let appointed Agency heads of BLM and USFS make the rules without judicial oversight?
7th. ??? Really? How would one accomplish that? First, notwithstanding your "desire" to reach another parcel, do you have permission to do so? The public land in question in this case required no permission from the Govt for the hunters to access and use it for their intended purposes. Perhaps, in regards to the postage stamp yards or estates you mention, one might gain permission from the two adjoining property owners to cross on a corner of mine, or anyone else's property, and somehow manage to not actually touch any of our properties? Use the ladder trick? I do suppose, on a fenced corner of my property, if the azz hat neighbors behind me (there are none, I'm surrounded by public land) had a party and wanted someone from across the corner to come to their party, if said someone erected a ladder on the corner without touching my property there wouldn't be much I could say. Oh my, their hand crossed into my airspace???
The desert is a true treasure for him who seeks refuge from men and the evil of men. In it is contentment In it is death and all you seek (Quoted from "The Bleeding of the Stone" Ibrahim Al-Koni)
