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Originally Posted by shinbone
Originally Posted by Valsdad
Originally Posted by shinbone
Originally Posted by WMR
Class envy aside, I still don’t see why a landowner shouldn’t be allowed to build any fence he wants to the very last inch of his own property. If he can, then corner crossing is not guaranteed.

It is the Unlawful Inclosures Act which prevents a landowner from building such a fence at this specific type of corner configuratuon.
According to some interpretations, which seems to be what all the hoopla is about.

True. But that "some interpretations" is an interpretation by a Federal judge after hearing both sides of the controversy present their arguments. Its not just some keyboard warrior on the 'Fire vomiting out his emotion-based opinion. The only way that judge's ruling can be changed is by a Federal Appellate Court or the U.S. Supreme Court.
You and I seem to see it the same way shinbone.

Along with a particular judge in the matter.

Now, let's hope the 10th Circuit, should it get there, sees it like us.


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
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Originally Posted by BuzzH
Originally Posted by SLM
Originally Posted by Fubarski
Originally Posted by SLM
LO’s stand to lose millions in property values.

How?

On the stream access issue, until last year, anyone who owned river/stream front property without public ground access had exclusive use/access to the water. Many of theses properties spent a bunch of money on fisheries projects and had world class fishing and profited from leases and or had water to themselves. People paid a premium for exclusive use that they no longer have.

The corner crossing issue is the same, people paid a premium for exclusive use of XXX amount of acres that they may now have only X. A lot of these properties were paying a low lease fee for the public ground, but in essence we’re able to utilize it as private. I know of 2 places that this will open up large tracts of public ground that outfitters are now paying a trespass fee to cross the deeded and pretty much have exclusive use of the public ground. The outfitters still have the advantage of the road systems that the public hunter wont have, but one of the properties I guarantee he won’t be in there alone anymore.

Thats all a steaming load of bullchit and you know it.

Stream access does not lower property values, I heard that same nonsense crap when myself and others pursued and passed stream access in Montana. The real estate agents, outfitters, landowenrs all crying the blues about their property value. My own family had several hundred feet of river access on the Blackfoot river at the time as well. You show me any piece of property in Montana with river/stream frontage that has declined in value since stream access was passed. Here's the facts, the ones that actually matter, that kind of property is worth more now than it ever has been. That includes the property we owned on the Blackfoot, its done nothing but increase in value since it was purchased. Those making the claim that the river frontage properties were full of crap then, and they're still full of crap now. Same thing in New Mexico, and probably more so as the amount of river/stream frontage property is even more desireable in New Mexico than Montana.

Same with corner crossing. James Rinehart, a local turncoat real estate agent in Laramie was paid by Eschelman to testify to the "loss of value" on Elk Mountain Ranch due to corner crossing. He said he would be forced to list his ranches for 30-40% less if corner crossing became lega here. I checked his ranch listing last night, if that's the case, then he either has a slow IT department, or he's a liar. I'm going with a lying piece of chit, his ranches have not been listed for a penny less even after corner crossing becoming legal in Wyoming.

This loss of property value is a strawman arguement, a total lie, and without any merit. I heard the same thing when hunters in Montana fought successfully to be able to hunt State lands there. Those property values didn't decrease a thin dime in value either.

Finally, even IF, their land values were to decrease, I simply don't care. IF that were to happen, perhaps its unwise to purchase a property based on the value of something you don't own and is, in fact, held in trust for the State/United States citizens. When you base your land value on a perceived notion that you own something that doesn't belong to you, don't be surprised when you find out the actual owners have a much different idea.

The good guys won this case, and Frankly the days of the Wealthy land barons getting their way on stream access and public land access are over, they're finished.
Any apple trees there 🤣🤣

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You won’t be rubbing my face in anything. Unlike you and your local cohorts, some people can be open minded and see things as they truly are, not how we want them to be or how we want it spun.

With your wealth of knowledge In everything, you might want to school the local real estate agents and LO’s. I’ll be sure and tell the lady that writes my checks that Buzzy said she hasn’t/won’t lose any value in her mile of river front property, I’m sure she’ll be a lot more comfortable knowing a blowhard from Wyoming has his finger on the pulse of NM real estate.




Originally Posted by BuzzH
Originally Posted by SLM
That’s BS and you know it.

I have no idea of Montana land values and wasn’t/won’t speak to them. The stream access ruling in NM will/has affected values in areas. The ruling was right and long over due, but to argue it has no affect on pricing in NM is ludicrous. People paid a premium to have exclusive use of waterfront property that they no longer have. Some LO,s were receiving 5 digit yearly leases for exclusive use that is no longer sellable. It doesn’t take a rocket scientist to figure out that a once income producing property that is no longer an income producing property will lose value.

Originally Posted by BuzzH
Originally Posted by SLM
Should they lose? No, because the value should have never been there. Will this affect future sales and pricing of some properties? Absolutely.

Originally Posted by Fubarski
Originally Posted by SLM
Originally Posted by Fubarski
Originally Posted by SLM
LO’s stand to lose millions in property values.

How?

On the stream access issue, until last year, anyone who owned river/stream front property without public ground access had exclusive use/access to the water. Many of theses properties spent a bunch of money on fisheries projects and had world class fishing and profited from leases and or had water to themselves. People paid a premium for exclusive use that they no longer have.

The corner crossing issue is the same, people paid a premium for exclusive use of XXX amount of acres that they may now have only X. A lot of these properties were paying a low lease fee for the public ground, but in essence we’re able to utilize it as private. I know of 2 places that this will open up large tracts of public ground that outfitters are now paying a trespass fee to cross the deeded and pretty much have exclusive use of the public ground. The outfitters still have the advantage of the road systems that the public hunter wont have, but one of the properties I guarantee he won’t be in there alone anymore.

Don't know anything bout the stream issue, but the corner crossin properties haven't lost a dime.

No it won't...not a penny and that's a fact.

I'll keep this in mind when I'm looking for a piece of property on a stream/river in New Mexico and to also rub your face in same when property values don't decrease a single thin dime. Any kind of property in an arid state like New Mexico is only going to increase in value over time, stream access being legal or not.

LO's losing lease fees is not decreasing their land value, period, end of story. They were being compensated for something they didn't have the right to exclude others from. They should be thankful they got to take advantage for all those years of something they never have owned, just say thank you, and be on their way.

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Oh I see, you finally came clean with your bias. Its going to impact your checks.

The courts got it right with both stream access and corner crossing. Speaking of stream access, about time somebody made the case in Wyoming...wonder who would pursue that next?

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Your reading comprehension is lacking. Like I said, the ruling is right.

The loss of value will not affect mine or her lifestyle, but nice try.

Originally Posted by BuzzH
Oh I see, you finally came clean with your bias. It’s going to impact your checks.

The courts got it right with both stream access and corner crossing. Speaking of stream access, about time somebody made the case in Wyoming...wonder who would pursue that next?

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Originally Posted by BuzzH
Originally Posted by SLM
Should they lose? No, because the value should have never been there. Will this affect future sales and pricing of some properties? Absolutely.

Originally Posted by Fubarski
Originally Posted by SLM
Originally Posted by Fubarski
Originally Posted by SLM
LO’s stand to lose millions in property values.

How?

On the stream access issue, until last year, anyone who owned river/stream front property without public ground access had exclusive use/access to the water. Many of theses properties spent a bunch of money on fisheries projects and had world class fishing and profited from leases and or had water to themselves. People paid a premium for exclusive use that they no longer have.

The corner crossing issue is the same, people paid a premium for exclusive use of XXX amount of acres that they may now have only X. A lot of these properties were paying a low lease fee for the public ground, but in essence we’re able to utilize it as private. I know of 2 places that this will open up large tracts of public ground that outfitters are now paying a trespass fee to cross the deeded and pretty much have exclusive use of the public ground. The outfitters still have the advantage of the road systems that the public hunter wont have, but one of the properties I guarantee he won’t be in there alone anymore.

Don't know anything bout the stream issue, but the corner crossin properties haven't lost a dime.

No it won't...not a penny and that's a fact.

If the decision had been made the other way, do you feel someone wouldn't pay anymore for the Elk Mountain ranch, being that they'd have case law backing up their (basically) exclusive use of significant more acreage?

A quick, cursory google search brought up several unofficial news sites stating in various ways something to the effect of: "Eshelman bought the Elk Mountain Ranch in 2005 under the belief that he could control access to all the public land it enmeshed" and "When I bought the ranches, I was assured that corner crossing was illegal,” Eshelman said. “I went to BLM websites, and it said definitively, corner crossing is illegal.” That tells me Eshlman had at least some increased interest in the property due to the access situation, and I think it is a fair statement to say he was willing to pay more for it, due to him believing he could control access to the public land the ranch surrounded.

I haven't been following this story as closely as I probably should be, but with all this in mind, think SLM's argument has some merit. I also think that since various states have allowed access to state managed waterways as long as the person remains below the high water mark, that has had at least some affect on stream front property values. Just because your Blackfoot River property has gone up in value, that doesn't mean that it wouldn't have gone up even more if the stream access court decisions had ruled differently.




I admit I am a bit confused by this statement though:
Originally Posted by SLM
On the stream access issue, until last year, anyone who owned river/stream front property without public ground access had exclusive use/access to the water.

Until last year, did New Mexico not allow public access along perennial streams as long as the person stays below the high water mark? I totally missed that whole situation, if so.

Last edited by T_Inman; 05/29/23. Reason: grammar


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Campfire 'Bwana
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Originally Posted by T_Inman
Originally Posted by BuzzH
Originally Posted by SLM
Should they lose? No, because the value should have never been there. Will this affect future sales and pricing of some properties? Absolutely.

Originally Posted by Fubarski
Originally Posted by SLM
Originally Posted by Fubarski
Originally Posted by SLM
LO’s stand to lose millions in property values.

How?

On the stream access issue, until last year, anyone who owned river/stream front property without public ground access had exclusive use/access to the water. Many of theses properties spent a bunch of money on fisheries projects and had world class fishing and profited from leases and or had water to themselves. People paid a premium for exclusive use that they no longer have.

The corner crossing issue is the same, people paid a premium for exclusive use of XXX amount of acres that they may now have only X. A lot of these properties were paying a low lease fee for the public ground, but in essence we’re able to utilize it as private. I know of 2 places that this will open up large tracts of public ground that outfitters are now paying a trespass fee to cross the deeded and pretty much have exclusive use of the public ground. The outfitters still have the advantage of the road systems that the public hunter wont have, but one of the properties I guarantee he won’t be in there alone anymore.

Don't know anything bout the stream issue, but the corner crossin properties haven't lost a dime.

No it won't...not a penny and that's a fact.

If the decision had been made the other way, do you feel someone wouldn't pay anymore for the Elk Mountain ranch, being that they'd have case law backing up their (basically) exclusive use of significant more acreage?

A quick, cursory google search brought up several unofficial news sites stating in various ways something to the effect of: "Eshelman bought the Elk Mountain Ranch in 2005 under the belief that he could control access to all the public land it enmeshed" and "When I bought the ranches, I was assured that corner crossing was illegal,” Eshelman said. “I went to BLM websites, and it said definitively, corner crossing is illegal..” That tells me Eshlman had at least some increased interest in the property due to the access situation, and I think it is a fair statement to say he was willing to pay more for it, due to him believing he could control access to the public land the ranch surrounded.

I haven't been following this story as closely as I probably should be, but with all this in mind, think SLM's argument has some merit. I also think that since various states have allowed access to state managed waterways as long as the person remains below the high water mark, that has had at least some affect on stream front property values. Just because your Blackfoot River property has gone up in value, that doesn't mean that it wouldn't have gone up even more if the stream access court decisions had ruled differently.




I admit am a bit confused by this statement though:
Originally Posted by SLM
On the stream access issue, until last year, anyone who owned river/stream front property without public ground access had exclusive use/access to the water.

Until last year, did New Mexico not allow public access along perennial streams as long as the person stays below the high water mark? I totally missed that whole situation, if so.


Hey T, hope spring in your part of AK is beneficial to your serenity and sanity!

I will have to agree that at least in the case under discussion the landowner believed the value of his deeded property was increased by restricted access to public lands. One might use as evidence the amount of money he was attempting to get as damages. I'm sure other landowners had the same feelings.

I know in my case, my little 7 Acre RANCH! is surrounded by BLM land on three sides and the county road on the other. No one is building behind me unless BLM sells off that land, which would seem rather unlikely. Believe me, the "surrounded by public land" will be used in advertising should we ever sell the place. My neighbors, a couple within a 150 yards or so across the road, are already close enough to me. I find it quite comforting no one will be building behind me. And I love being able to go under or over our common fence and be hunting/hiking etc without having to even go out our driveway and 70 yards north to the gate into that land, as the commoners have to do.

I'm not sure about NM, but I seem to recall there are a couple of States that only allow use of creeks/waterways if one does not set foot on the streambed. No high water line stuff there. Just don't touch bottom.

Enjoy your day up there.


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)

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That is correct. Until last year, a LO. could apply through the state and get an exemption to the “navigable waterway”. Just about all exemptions were granted. It was trespassing if a person waded/boated up/down a waterway.


It had been like that for a long time, so people paid a premium to have exclusive rights to their water front. Many of these properties spent a bunch of money on fisheries projects to build their own quality waters.


Regardless of anyone’s beliefs on corner crossing and/or stream access, it will/can have an affect on value. To think otherwise is crazy talk.



Originally Posted by T_Inman
I admit am a bit confused by this statement though:
Originally Posted by SLM
On the stream access issue, until last year, anyone who owned river/stream front property without public ground access had exclusive use/access to the water.

Until last year, did New Mexico not allow public access along perennial streams as long as the person stays below the high water mark? I totally missed that whole situation, if so.

Last edited by SLM; 05/29/23.
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Originally Posted by 1minute
Oregon here. Streams are open as long as the public remains within the high-water line or can float it in a boat. No one can own ocean beach front. Corners are fair game.

Yep, same here. I got folks wading through my chunk fishin, kayaking, stealing MY fish and agates!!! But I don’t care. Folks are enjoying themselves. It does kinda irritate when they leave bait containers in my yard, which isn’t very often.


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Originally Posted by earlybrd
Originally Posted by Judman
God damn right I’m right. It’s easy to see folks as miserable as most here on the fire, don’t do a fuucking thing but bitch, talk shiit about other members. I’m sure you’ll know where I’ll be huntin big bulls, corners will be crossed and good bulls will be killed. Meanwhile the “back east faags” will be suckin Dick to gain access, planting food plots, breeding deer, and fillin feeders!!😂😂

Stay back there bitches, nothing west of the Mississippi!😘
Didn’t plan on coming is this a invite🤣

Haha, this was directed at “Alwaysbitingpillows”. 😆


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Ain’t easy havin pals.
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It's interesting that our members can't seem to tip their hat to someone and their organization who put work into and succeeded in an important issue. For God's sake, that doesn't change the fact that he loves the sausage.

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Originally Posted by PaulBarnard
It's interesting that our members can't seem to tip their hat to someone and their organization who put work into and succeeded in an important issue. For God's sake, that doesn't change the fact that he loves the sausage.
Paul,

you're from LA, I hear they make good sausage down there. Better watch out or folks here will accuse you of loving the sausage also.

Oh, wait, they already have!

As much as I dislike some of BHA's political leanings, I'm sorta happy they helped those fellows with their court case.

They need to work on some other items though, and maybe start supporting more 2A stuff?


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)

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Originally Posted by PaulBarnard
It's interesting that our members can't seem to tip their hat to someone and their organization who put work into and succeeded in an important issue. For God's sake, that doesn't change the fact that he loves the sausage.

Exactly. Dunno about the sausage though!😂

Huge win for sportsman, again thanks to all involved.👊🏻


Ping pong balls for the win.
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The case was decided on a summary judgment motion.

Which is the Judge's way a tellin the plaintiff he never shoulda even filed.

BHA had nothin ta do with such a simple legal decision.

BHA is a suckass organization, tryin ta ride the coattails of this case ta disguise its liberal positions.

Just like a tarquim post on the 'fire.

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Congrats buzz your still a fugkin maroon 🤣

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All public property should have a right of way - easement to it. Just Eminent domain it like the road cutting between my hayfield and pasture. Through out the history of our country the people who have big money can afford to fight the little guy or the government and usually get what they want.


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Originally Posted by Valsdad
I will have to agree that at least in the case under discussion the landowner believed the value of his deeded property was increased by restricted access to public lands. One might use as evidence the amount of money he was attempting to get as damages. I'm sure other landowners had the same feelings.

Believe me, the "surrounded by public land" will be used in advertising should we ever sell the place.

Yes sir.....I don't look at property listings very much but I absolutely have seen clauses in realty listings promoting a particular property's accessibility to public lands, and I absolutely won't believe the listed price isn't influenced by that.

I know in one particular case of mine, when looking at a particular property that I didn't end up purchasing, the appraiser's report indicated it bordered public land and as such the appraised value was raised due to that.



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A few points to address.

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.


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No one has mentioned this landowner got greedy and sued the 4 guys for 7 million dollars. Someone should’ve told the landowner leave good enough alone. Up here in Alaska we have our own issues and it’s not corner crossing it’s the feds attempting to shut down millions of acres of federal lands to non subsistence hunters.


Originally Posted by Bricktop
Then STFU. The rest of your statement is superflous bullshit with no real bearing on this discussion other than to massage your own ego.

Suckin' on my titties like you wanted me.
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Originally Posted by Fubarski
The case was decided on a summary judgment motion.

Which is the Judge's way a tellin the plaintiff he never shoulda even filed.

BHA had nothin ta do with such a simple legal decision.

BHA is a suckass organization, tryin ta ride the coattails of this case ta disguise its liberal positions.

Just like a tarquim post on the 'fire.


I certainly agree with this assessment about BHA's bogus involvement in the case. They did virtually NOTHING but grandstand and attempt to take credit for the result- which leaves more resources for BHA's anti-gun activities.

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