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Joined: Nov 2015
Posts: 14,115
Campfire Outfitter
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Campfire Outfitter
Joined: Nov 2015
Posts: 14,115 |
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. Buzzy is a master bullschit artist as well as a loser
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Joined: Dec 2002
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Campfire Ranger
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Campfire Ranger
Joined: Dec 2002
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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. Not a problem. The Constitution requires payment of true value. What is it worth to you to get back there? And do I as a taxpayer want to pay for that taking so you and three of your buddies can hunt on some little bit of remote real estate?
People who choose to brew up their own storms bitch loudest about the rain.
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Joined: Dec 2005
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Campfire Tracker
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Campfire Tracker
Joined: Dec 2005
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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.
Padded VA Hospital Rooms for $1000 Alex My ignoree,s will never be Rock Stars on 24 hr campfire.....Like me!!!! What are psychotic puppet hunters?
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Joined: Jan 2020
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Campfire Tracker
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Campfire Tracker
Joined: Jan 2020
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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. Not a problem. The Constitution requires payment of true value. What is it worth to you to get back there? And do I as a taxpayer want to pay for that taking so you and three of your buddies can hunt on some little bit of remote real estate? I'm all for paying the landowner a fair price for the easement using their tax appraisals.
Life is good live it while you can.
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Joined: Dec 2002
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Campfire Ranger
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Campfire Ranger
Joined: Dec 2002
Posts: 25,828 |
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. Not a problem. The Constitution requires payment of true value. What is it worth to you to get back there? And do I as a taxpayer want to pay for that taking so you and three of your buddies can hunt on some little bit of remote real estate? I'm all for paying the landowner a fair price for the easement using their tax appraisals. Now you are attempting to twist the system for your benefit. How much is it worth to YOU, to gain easement over HIS property. That is the appropriate price.
People who choose to brew up their own storms bitch loudest about the rain.
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Joined: Dec 2006
Posts: 28,172
Campfire Ranger
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Campfire Ranger
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Recognized is the correct word. Wasn’t trying to be a smart ass. I just thought it was an important distinction. A right granted by government can be taken away by one. A right endowed by one’s Creator cannot. Best wishes. Good grief! The Creator is on board with denying public land access. Reach harder. That's ludicrous.
Hunt with Class and Classics
Religion: A founder of The Church of Spray and Pray
Acquit v. t. To render a judgment in a murder case in San Francisco... EQUAL, adj. As bad as something else. Ambrose Bierce “The Devil's Dictionary”
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Campfire Tracker
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Campfire Tracker
Joined: Jan 2020
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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. Not a problem. The Constitution requires payment of true value. What is it worth to you to get back there? And do I as a taxpayer want to pay for that taking so you and three of your buddies can hunt on some little bit of remote real estate? I'm all for paying the landowner a fair price for the easement using their tax appraisals. Now you are attempting to twist the system for your benefit. How much is it worth to YOU, to gain easement over HIS property. That is the appropriate price. That's not the way it works with eminent domain and you know that damn good and well. I've been through this before and you take what the government "courts" decide not what you think it's worth.
Life is good live it while you can.
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Campfire Regular
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Campfire Regular
Joined: Jan 2023
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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. Not a problem. The Constitution requires payment of true value. What is it worth to you to get back there? And do I as a taxpayer want to pay for that taking so you and three of your buddies can hunt on some little bit of remote real estate? I'm all for paying the landowner a fair price for the easement using their tax appraisals. Now you are attempting to twist the system for your benefit. How much is it worth to YOU, to gain easement over HIS property. That is the appropriate price. That isn't how an easement in to public property works. It is possible that since the land was seized for a public purpose, and has not been used for that purpose, it could revert back to the original owners or their heirs.
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Campfire Member
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Campfire Member
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Title 49 US Code 40103 says: “The United States Government has exclusive sovereignty of airspace of the United States. A citizen of the United States has a public right of transit through the navigable airspace.”
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Campfire Outfitter
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Campfire Outfitter
Joined: Apr 2018
Posts: 8,521 |
WTF are we arguing about?
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Joined: Aug 2010
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Campfire Ranger
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Campfire Ranger
Joined: Aug 2010
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WTF are we arguing about? I haven’t been interested enough to read all the links and what not. But apparently if you imagine a checkerboard pattern scenario where two public tract corners meet, is it legal to step directly over the corner from one tract to the next? I guess in the theory you could precisely do it without stepping on private property . In the real world private property gets used to a degree to accomplish this. I’m not sure if this is the crux, but it seems it is from certain posts.
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[
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. The first pdf document that comes up when using the search query "corner crossing" on BLM's site pertains to BLM land in Wyoming. From that document: "What does the law say with regard to corner crossing? There is no specific state or federal laws regarding corner crossings. Corner crossings in the checkerboard land pattern area or elsewhere are not considered legal public access." Not only is that not "definitive" it doesn't even make sense according to how US law works.
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I feel real sorry for the guys selling their ranches at such high prices that only Hollywood elites or Bill Gates can afford them. Need more of the peoples land access to get more money. Boo boo. Edk
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Joined: Sep 2011
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Sep 2011
Posts: 44,934 |
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. 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)
member of the cabal of dysfunctional squirrels?
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Joined: Nov 2015
Posts: 14,115
Campfire Outfitter
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Campfire Outfitter
Joined: Nov 2015
Posts: 14,115 |
WTF are we arguing about? Buzzy came out the closet and announced his re-election campaign
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Joined: Sep 2011
Posts: 44,934
Campfire 'Bwana
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Campfire 'Bwana
Joined: Sep 2011
Posts: 44,934 |
[
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. The first pdf document that comes up when using the search query "corner crossing" on BLM's site pertains to BLM land in Wyoming. From that document: "What does the law say with regard to corner crossing? There is no specific state or federal laws regarding corner crossings. Corner crossings in the checkerboard land pattern area or elsewhere are not considered legal public access." Not only is that not "definitive" it doesn't even make sense according to how US law works. Well well well. A genuine BLM document saying there is no specific state or fed law. In other words, it's all been interpretation of other statutes perhaps?
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)
member of the cabal of dysfunctional squirrels?
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Joined: Sep 2011
Posts: 44,934
Campfire 'Bwana
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Campfire 'Bwana
Joined: Sep 2011
Posts: 44,934 |
WTF are we arguing about? I haven’t been interested enough to read all the links and what not. But apparently if you imagine a checkerboard pattern scenario where two public tract corners meet, is it legal to step directly over the corner from one tract to the next? I guess in the theory you could precisely do it without stepping on private property . In the real world private property gets used to a degree to accomplish this. I’m not sure if this is the crux, but it seems it is from certain posts. You've got the gist of it. regarding the " private property gets used to a degree to accomplish this." part..................in most cases the only private property being used it the airspace around a dot on the ground. Imagine an intersection of lines on the ground. Could you step from one side of the corner to the other without stepping on any of the two areas to the sides of you?
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)
member of the cabal of dysfunctional squirrels?
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Campfire Tracker
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Posts: 4,109 |
What would happen if the two private landowners at the corners each erected a short stretch of border wall style fence and connected them? I think that was covered in one of the articles that I read. Something was quoted by the court in the late 1800s that denied the landowners the right to block access at the corners. I was reading it on my phone though and travelling so I didnt get a chance to do much research.
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Campfire Tracker
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Campfire Tracker
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This entire discussion reminds me of troubles we had in the 70s with numerous trespassing pheasant hunters. Before Id put some teeth into trespass law and penalties.
Many were totally indignant that we could own all that ground and lock them out of it. Many stated so in so many words.
I once asked a trespassing pheasant hunter for his address: He told the street in Boise, (all the asshwholes were from Ada County)
I asked if they had a large lawn and a pool at the house.
"Why, what does that matter?"
"I am looking for a place to hold a family reunion and picnic. A pool would be nice for the kiddies"
He stuttered and stammered and went on for a bit about "But, that's different."
"Really, how so?"
If you want to trample over people's land, pay for it.
Hell, if you want onto that land locked .gov property so badly, hire a helicopter to fly you in. Land without access causes many problems and should not exist. All parcels of land should have access to them, to be legally accessed by the pwners. Its a correction of errors in the past.
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Campfire Outfitter
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Campfire Outfitter
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What would happen if the two private landowners at the corners each erected a short stretch of border wall style fence and connected them? I think that was covered in one of the articles that I read. Something was quoted by the court in the late 1800s that denied the landowners the right to block access at the corners. I was reading it on my phone though and travelling so I didnt get a chance to do much research. Good thinking Paul
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