A recent case in the 10th Circuit Court has provided a much needed sigh of relief regarding access to vast tracts of public land, managed mostly by the Bureau of Land Management and Forest Service. Hikers, Campers, Hunters, and Anglers have now officially secured access to land that had been “locked” away by private property. 

The lawsuit stemmed from a group of hunters trying to access the public lands near Elk Mountain in Wyoming. The Billionaire Fred Eshelman, who owns the surrounding lots had locked off access at the corner crossing, had put signs on each corner of his properties that were so close together they effectively cut off access to the public land. In order to get around these signs, the hunters custom built a large ladder to climb over into the public land. Fred Eshelman alleged that they trespassed over his “airspace”. Even going as far as to sue the men in civil court for 7 million dollars, claiming they devalued his property by entering the adjoining federal lands.

Why are Land Lots Drawn Like That?

Roughly 150 years the government started selling lands in the West to white settlers, it was decided that in order to secure access to hunting and fishing they would create a checkerboard of public land and private land. With the idea being that people could travel across the land and cross where the public lands met each other in the corners, allowing owners to keep their lands private. But, people like Fred Eshelman tried their best to prevent access by using various methods, such as fences or signs blocking the way, to keep people from using land that was rightfully public.

With this ruling, access to public land should be preserved for future generations, a win for the general public. 

Submitted by Park,Scott on April 9, 2025

This article appears in the categories: Law Library