Corner Jumping Not Illegal?

Corner jumping should be legal. there is no reason to let landowners control and access to thousands of acres of public land just because they own next to it.
 
Intersting - I'm no attorney but always was intrigued with the whole corner jumping thing. And since I've been hunting in Wyoming the last 4 years I've always made sure never to do this, not wanting any grief or causing any trouble or legal challenge.

But if I were to take the old understanding of law literally then even flying over someones ranch would constitute trespassing by some yes?
 
With a Judge that obviously wasn't beholding to the landowner like a lot of the F&G employees are, it doesn't surprise me that the case was dismissed if the guy found the corner marker and stepped from one piece of public land into the other. I've known for a long time that corner jumping is not listed anywhere in the Wyoming statutes as a violation, but the authorities tell you not to do it nonetheless, just as was mentioned in the article. These rich ranchers will try to do anything to even keep people off accessible BLM and State lands if they can get away with it. Several years ago my party was met by a rancher and a Deputy Sheriff when we had finished our morning hunt on a piece of BLM land that adjoined his deeded property. He called the sheriff and told them we were on his deeded land and all he had was a topographic map and the land hadn't even been surveyed, so it was just his word. The lady deputy told us she was going to issue trespass tickets to all of us based on his statement and I raised such a stink that she put it off pending a meeting with the Prosecutor. At that meeting I showed the Chief County Prosecutor where we were on the maps with all the GPS waypoints marked from a CD ROM I had purchased right from the F&G Office in Cheyenne. He asked if there were signs or fences designating the boundaries and the answer was no. He then asked why the landowner said we were on his property and the guy said the BLM had placed a water tank for his cows and wild gane on his property and we were right by it. I was able to show that the trail we were on that went by the tank was at least 20 yards outside the private property boundary based on the CD ROM waypoints. The Prosecutor said there was no way we trespassed based on the available information and told the deputy not to issues tickets. That is why I stress on any site where I try to help someone on their hunt to have a map with all the waypoints for the boundaries if there is any private land near where they will be. I've even made maps for a few people on this and a couple other sites to keep them out of trouble. The newer GPS chips have all that right on them and show right where you are on the GPS map, which is even better than the way I do my maps. The main thing is that you can't just buy a paper BLM or NFS map off the shelf and guess as to where you think you are just by looking at top lines, stc. or you will eventually get into trouble. Cripes, one jerk rancher out there even stopped us a couple different times when we were on legal State trust land and tried to tell us he had a "buffer zone" and we were too close to his property, LOL! Many of them, including some guides and outfitters, will try to bluff you right out of legal hunt areas, so you must know where you are at all times to avoid problems and a ruined hunt.
 
GPS chips are amazing I will not hunt around private land with out my GPS with the state chips. They are well worth the money.
 
Kind of interesting. The case was in 2004. Here it is, 2011, and apparently the F&G makes it pretty clear that they don't like corner jumping.

Here is an excerpt from the 2011 hunting guide, which I found on the F&G website.

"To legally hunt public lands,
there must be public access to them via a public road.
There are some public land parcels that have no public
access. To hunt these public lands, a hunter must
obtain permission from the owner of the adjacent
private land, even if there is only a small distance of
private land between a public road and public lands."

Later,

Marcial
 
I had some friends who found a narrow strip of public ground they used to access several sections of public land on Delia's place. When they came riding out on horses, there were several G&F folks as well as Delias ranch manager waiting. The G&F raked my buddy over the coals and accused them of trespassing. No charges were filed, but it was clear the G&F was looking out for Delias interests. One of the hunters was connected politically so they all wrote the G&F as well as some political reps and the next thing you know they were getting an apology from the G&F. Since then they've never been hassled by the wardens, but its fairly indicative how some landowners can get those wardens in their pockets. The next year, several ranchislators attempted to write a law specifically banning corner jumping, but for some reason it never passed. It'd be one of those deals where if you got caught and had a few bucks, you could probably appeal to the WY Supreme Court and win. However the WY SFW, outfitters and ranchislators would probably see to it that a law was created to prevent such access to public lands in the future. If you're intent on hunting a large tract of public landlocked land, hire a chopper to fly you in...
 
There was a case in Montana a few years ago where a couple young guys did some corner jumping out in eastern Montana and when they couldn't prove where the corner was they were prosecuted for trespassing. Something to that effect.

Things may not be the same everywhere.

Cheers,
Pete
 
mevertsen---What you are referring to and what that section is talking about is not corner jumping. That would be where you actually had to walk on private land to access the public land. We are talking about not even touching the private property when one spot has two opposite corners touching that are public land.
 
LAST EDITED ON Jul-18-11 AT 03:33PM (MST)[p]FYI- WY has two different trespass laws. The G&F law and the criminal trespass.

The criminal trespass law can not be enforced by wardens, so the Sheriff's Office would be called to take the report. In WY it is every citizen's right to be the complainant on a crime not committed in the presence (or even in the presence) of a law enforcement officer (LEO). The LEO should establish that there is probable cause (PC) that a crime as been committed, and that you committed the crime. If PC is established a citation can be issued, unless you meet certain criteria. If you meet that criteria you can be arrested, and would be required to post a bond. Some law enforcement agencies may direct the complainant to fill out a citizen's affidavit, and you may summoned to court if the county attorney believes there was a crime committed.

It would be best to call and speak with the county attorney and get his views on both laws as they pertain to corner crossing. I would write down the person you spoke to, time, and date. Sometimes, Assistant District Attorneys have different views on the law, but it ultimately left up to the elected county attorney if charges should proceed. It would be difficult for an county attorney to press charges if his people advised it was not illegal. It would be embarrassing for the county attorney when his assistant was subpoenaed to testify by you.

IMO, the crime would be very difficult to proof beyond a reasonable doubt. Keep in mind, it takes money to hire a private attorney, so it is best to make a phone call to the county attorney. It would be expensive to hire an attorney, but for you NR, you would have the expense of traveling back to WY for the court date. You could certainly win the case, pro se, with some common sense questions. It would be cheaper too!

You have to intent to break the law, and I don't see where someone corner crossing has the intent to trespass upon private land. That's just my opinion.
 
>mevertsen---What you are referring to and
>what that section is talking
>about is not corner jumping.
> That would be where
>you actually had to walk
>on private land to access
>the public land. We
>are talking about not even
>touching the private property when
>one spot has two opposite
>corners touching that are public
>land.


I fully understand what corner jumping is. What the section I quoted points out (IMO), is that the ONLY way to access public land, is that land would have to be touched by a public road, or you would have to get permission from the adjoining landowner. IMO - the section I point out IMPLIES that corner jumping would be illegal, in that it points out the only other two legal ways to hunt public land.

Marcial
 
Sorry; I read your post a second time and see now what you meant! Yep, that sort of shows that the landowners have the F&G right where they want them!!!
 
G14---I failed to mention the the lady deputy called the F&G Warden on his radio after I raised a stink and he also came out to investigate. When he got there I was glad it was the resident Warden because I knew him pretty well from previous contacts regarding an outfitter in the area that was hassling people on public lands. Tom took care of that for me and he knew the equipment and maps we always used to stay legal. He didn't know the exact boundary lines on this particular issue and the rancher convinced him to go look at footprints at the water tank, so Tom looked at the soles of our boots and then went down to see if he could match anything up. We took pictures of the whole thing and when Tom came back he told us he couldn't match up any prints to our boots and was not going to issue a ticket. That really got the rancher ticked off because the lady had already left and sort of left the case to Tom. I knew the lousy reputation this rancher had in the county and that he would press the issue so I took it on my own to arrange the meeting with the Prosecutor so I could take care of everything while I was out there. I just happened to have a good friend in Worland who was a friend of the Prosecutor there and it was rather funny when the whole thing got hashed out at the meeting because George, my friend, told the Prosecutor if he decided to ticket us guys that he better issue one to him and Margaret, his wife, because they use that trail we were on more than anyone and had for the last 50 years or so since his family sold the adjacent ranch, LOL! That pretty well settled the whole deal, but last year the rancher rode his horse all over the BLM and his deeded property and ruined the hunting every time he saw a vehicle parked there. I should have signed a complaint for hunter harrassment, but thought better of it becasue the guy could have just said he was checking the cattle or some such BS, so I let well enough alone. We will still hunt the area, but will park where the guy won't knwo where we are hunting from now on! The ironic thing is that he is always complaining that the elk are eating all the grass that his cattle could consume, but he won't let anyone on the private property to hunt and that's very typical of a lot of those ranchers out there.
 
Robb---I just saw your post as I was finishing and posting my last one. Do you know whether that Bill is still in the hopper and if it has any chance at all of being passed during this legislative session. I would implore all you resident Cowboys to speak with your Reps. and all your friends to try to get that passed because it would open up a tremendous amount of public land for all of us, including an area of that ranch I hunt close to where all the elk go after the hunting starts!!! Every time I glass them on that 1000+ acre tract and know that corner jumping is the only way to get at them it ticks me off because I would never do it and take the chance of being prosecuted on the whim of who was in the County Prosecutor's Office at the time.
 
>Sorry; I read your post a
>second time and see now
>what you meant! Yep,
>that sort of shows that
>the landowners have the F&G
>right where they want them!!!
>


No worries - somtimes what I say comes out clear as mud ;P
 
Why cant wyoming just get with the program and make the land owners post their property like other states. Tresspassing is one of, if not the largest percentage of tickets issued by fish and game each year. Corner jumping is no diffrent as long as they can make money ticketing people they will. Just my opinion.
 
TOPGUN,
What type of GPS and chip(s) are you referring to? I just have an older GPS. It sounds like something I should invest in before I head to WY myself!
 
>>mevertsen---
>I fully understand what corner jumping
>is. What the section
>I quoted points out (IMO),
>is that the ONLY way
>to access public land, is
>that land would have to
>be touched by a public
>road, or you would have
>to get permission from the
>adjoining landowner. IMO -
>the section I point out
>IMPLIES that corner jumping would
>be illegal, in that it
>points out the only other
>two legal ways to hunt
>public land.
>
>Marcial

Corners touch corners so technically you're accessing public land via public land. GPS is going to change this "rule" the ranchers think there is. This will open up tons of more ground that we as citizens already own!
 
Unless you can find the surveyed corner, your pizzing in the wind . . . Typical GPS accuracy is +/- 20 feet, which is a lot when you are talking about a corner, and your going to continue to see arguments won by landowners supported by the G&F when you try to corner jump. I've been told by G&F to avoid corner jumping, or even camping on sections of BLM running through a landowner's property via county road.

Having said all that, I hope more cases are won and corner jumping becomes cut-and-dry LEGAL!
 
LAST EDITED ON Jul-19-11 AT 12:50PM (MST)[p]
earlyriser---Most of the newer GPS units that take an SD card have basemaps built in or that can be downloaded into the unit so you know the exact spot you're standing on when you are in the field. Here is a Cabelas link with just a couple of the medium priced Garmins that have that feature, but there are scads of them out there by all the major manufacturers. The majority of them will do 100 times as much as the average guy will ever need or use.

http://www.cabelas.com/catalog/sear...rm_state=searchForm&search=gps+units&x=16&y=4

HiMtnHntr---The G&F might be telling you that BS, but they came out some time ago with a policy for their field employees telling them not to issue tickets on alleged corner jumping. Also, if any of them have told you not not camp on that BLM land that is real BS because as long as the public road hits it you are completely entitled to camp there. I have been doing that since 1994 where I hunt in Region M and the local Warden/Biologist stops and visits with us whenever he is on his rounds in our area. Not a word has ever been said like you mentioned, but I will say that many of the field people feel beholding to the ranchers in order to do their game studies, etc. because of the large amount of tax money those big ranchers represent.
 
Pleasedeer posted a link to the legislation which was written but introduced too late this year. Those that support it need to let the bill sponsors know that. Representative Harshman is directly responsible for this piece of legislation. I will continue to work with him and other legislators but it certainly would help if people would take the time to contact them for the efforts and encourage them to continue to pursue it. Representative McOmie and Senator Burns are the respective Chairs for the Travel, Recreation and Wildlife legislative committees. Letting them know that this is an important issue might prompt them to push it through the next session even though it is a budget session.

The following link is for the Wyoming State Legislature and contains contact information for our legislators.

http://legisweb.state.wy.us/lsoweb/
 
Thanks Bob, as I thought I read somewhere on here that that was the case. I would also hope that all the WY residents that read this do what you mentioned.
 
My point is that if enough sportsmen want to make a change, it can happen; however, we will need to be united in that purpose. These elected officials need to hear from more than just a few people if we want to make a change in this law.
 
HiMtnHntr, or anyone else. Can you site where you got the +-20' information? I was under the impression some of the newer units could get you within a few feet for sure. Is that not the case?
 
There are so many variables (the GPS itself, scrambled signals from satellites, clouds, light) and if you search the internet you will find accuracies from 200 feet down to a few cms. 10 Meters is common as well as 10 feet when persons refer to the accuracy. Even if you were within 5 feet with regards to accuracy you probably could not legally corner jump. I think corner jumping is illegal unless you can find the pin or a post on the border. If you can find that, then you should be good to go and will win in court. Most corners in question will not have a marker and I think you will lose in court. Perhaps you could hire a surveyor and get it done though.

Decent read on accuracy.

http://www.kowoma.de/en/gps/accuracy.htm
 
nripepi---I think you are correct in that no matter what you pay for a GPS unit, none are going to get you right on the button for that corner and that's what is needed to step from one piece of public ground into the other without touching either of the private sections. Even if you can do that and not have a problem with the F&G issuing a ticket, you would still have to worry that the County Sheriff would issue you a ticket and it's my understanding that many of them will. If the corner is marked and you get a ticket, you could possibly get the ticket dismissed like the guy did, but for a nonresident to go through the expenses to do that is prohibitive. I've talked with guys that have been issued tickets by the F&G for trespassing just based on a landowners call when they knew they were on public land their entire hunt. The F&G comment was that if they didn't want to pay the $200 ticket to go to court and fight it, knowing that there is almost no chance that is going to happen because of the expenses involved. It sucks, but what are you going to do but pay the ticket 99% of the time!
 
In order to be convicted of a crime one has to prove intent, one also has to prove beyond a reasonable doubt you committed a crime. I have the gps with the land status chip, with the exception of a professional surveyour you can't get better technology than these gps's with this program. There is a pretty slim chance anyone can prove intent when your doing everything reasonable in your power to stay in compliance. Also if an issue arose it would be at the expense of someone else to hire a surveyour and prove that those are your boot print. I believe even if no section marker is present and you use the proper tools it don't matter much because the landowner or sheriff won't have any better technology to prove trespass than you have to prove you didn't. All that being said this law would have to pass to make it legal as I beleive the law now still gives ownership of "a reasonable amount of air space" over a property. It sure would be nice to get access to our public lands back instead of the ranchers being able to use our land to make a living off of by grqazing their cattle and running outfitting business.
 
LAST EDITED ON Jul-25-11 AT 11:04AM (MST)[p]
I'm not going to argue with a thing you said, but I will correct you in that there are numerous laws where you do not have to prove intent because I was in LE for 30+ years and know that for fact. Speeding unknowingly is just one I might mention that will get you a ticket even if you were daydreaming and didn't intentionally do it. The problem is that right now the way the Sheriff in some counties is enforcing the corner jumping issue, the ticket will be written and you can't stop them from writing it. That then puts the burden on you to fight the ticket and they know that most nonresidents aren't going to make several or more trips out there to fight a $200 ticket. Residents may not either if they have to take off work, etc., to go to court a number of times. The F&G Game Warden I know has basically come right out and told several people from the East Coast that they are free to go to court. All you have to do is plead not guilty and then they are going to want to have a pretrial conference, so you go out there and they say, "gee, another case just came up and we will have to postpone it for a week", or whatever! This could go on through countless delays at each step until a trial could be held and nobody other than a millionaire is going to spend all that money or have the time tofight it. The millionaire won't fight it either because he has the money to buy a hunt where trespassing is no worry and won't get the ticket in the first place. This Bill needs to be reintroduced and passed to open up countless pieces of property that the ranchers count as their own because of some stupid little "corner jumping" BS enforcement! Any piece of property out there that hasn't been surveyed and marked with permanent markers is ripe for a problem and there are millions of corners and lines that aren't. If I hadn't had the maps and all the boundaries marked on it right from the CD ROM purchased from the F&G itself, we would have received tickets in 2009 and it didn't even involve a corner. It was an entire property line issue that came up and there was no survey to say where that line was. That's why when I was so adamant about the steps I had taken to stay legal that the Prosecutor agreed and told the Deputy Sheriff gal not to write the tickets. I showed we were on the west (correct)side of what was "supposed" to be the boundary on the map and the rancher had no idea where the exact line was. It's just lucky the Prosecutor wasn't beholding to that rancher because if he was I could have still got a ticket even though I know I was correct.
 
The accuracy I referenced above is strictely from my experience with several GPS units. I have had some experience with the Garmin Oregon and even with this device (which really is awesome, but typical accuracy of 13') some boundaries can be confusing. For example, as above, a fence has marked the boundary of a particular piece of private land for many years (since before most of us were born!), though when you get up on it with a GPS, the fence is either side of the boundary shown on your handy dandy GPS. Which one is right, the GPS or the rancher's fence? I think you will find most G&F in support of the landowner if there were a "situation".

Suppose you did find the surveyed pin at a corner and a rancher's fence also marked the boundary. You cross over that fence and you have just touched someone elses property.

Things look pretty cut-and-dry on a surface management map spread out on your kitchen table, but when you get into the field things are not as they appear, especially when you get down to mere inches.

Modern surveyor quality GPS's are accurate enough, but not ;egally and economically feasable enough for the general public to use on a large scale.
 
Interesting post because I can speak to that. The couple that own the ranch right next to where I hunt public land in Wyoming are nice people and let us do some hunting on the ranch from time to time. They just had a survey done last year of a property line that is a 3/4 mile straight line going basically N/S up over a big ridge. The surveyor only put in markers on the north and south ends and you can't see them both at the same time and they wanted to be sure of the line to put up a new fence. The remnants of the old fence put up two or three generations back was about 15-20 feet east of the new survey marker, so even in the old days they did a remarkable job to come that close. Anyway, my friend and I told them we would get the waypoints at both ends and mark a line with flags on posts between the two so they could then follow that line and get the fence up this year. My GPS is old, but out there in the wide open spaces it normally shows it's within 15' accuracy. We went ahead and did what I mentioned and the two markers were dead on as far as the longitude reading, so I just kept the GPS on that reading and we did our thing from one end to the other. They were very greatful for the free help to the point where I hope we get an invite to hunt their land more or at least use it to access some BLM and Statee land we can't get to legally right now without their permission.
 
A crime that does not require that the State prove intent is called a Strict Liability crime. As mentioned before, speeding is a great example. Most trespassing laws are written to be Strict Liablity because it is very easy to prosecute.
 

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