Commentary: Solutions to unlocking millions of acres of ‘landlocked’ public lands

Across 20 U.S. states, there are 16.4 million acres of public land that are effectively off-limits to the public. In Minnesota and Wisconsin alone, there are over 300,000 inaccessible public acres, meaning there isn’t a legal way for Americans to reach these places – to hike, hunt, camp, forage, or fish – without trespassing on private property.

We call these places “landlocked.” Some are islands of public land, completely surrounded by private land with no public roads or trails to access them.

Other parcels are “corner-locked,” bordered by private land, but touching other public lands at one or more corners, like squares of a checkerboard. Because of the legal gray area surrounding the practice of walking from one corner of public land to the other, these acres are considered off limits.

About half of all landlocked land is corner-locked, and this type of inaccessible public land is in the national spotlight right now, as a Wyoming case currently awaits a ruling in the 10th Circuit Court. It’s likely that the ruling will be appealed to the Supreme Court. Yet, litigation around inaccessible corner-locked lands isn’t new. Decades of court cases have yet to affect any change. And a court decision could take years.

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While the legality of corner crossing remains in limbo, we can take a different approach to improving access to public land. Through our work at onX, I’ve seen first-hand how successful we can be when we forge public-private solutions that recognize the common values held by both recreationists and private landowners alike.

This work is often led by a nonprofit or conservation organization. Yet, the strategies they employ need renewed support and attention from our federal government. These strategies include creating access easements, making outright acquisitions, and participation in seasonal landowner incentive programs.

The first two solutions – greater easements and land acquisitions – are stymied by an outdated appraisal process. Access easements – or deeded rights of way – allow the public to legally cross private land to reach inaccessible public land. Landowners interested in negotiating an easement expect to be fairly compensated for this privilege. They are, after all, allowing the public to cross their land for an amount of time, which could range from a few years into perpetuity.

But the groups paying for the easement – commonly state or federal agencies or nonprofit groups – can only make an offer at or below the appraised value. That value is based on the same calculations used for a power line or fiber optic cable, not access to a finite recreational resource.

According to a nonprofit that works closely with landowners in these negotiations, these appraisals often come in thousands of dollars below landowner expectations. When public access values are factored into an appraisal, however, landowners are more likely to say “yes.”

Private land acquisitions face similar challenges. When a piece of privately-owned land that has exclusive access to inaccessible public acres comes up for sale, a land management agency, a conservation nonprofit, or a land trust may look to acquire that chunk of land with the goal of improving public access.

To do so, they also must acquire the property at or below the appraised value, via a strict federal appraisal process. But there isn’t an established dollar amount an appraiser can put on that connected recreational access like they can for extractive uses like mining, grazing, and subdivision.

As a result, the appraised value can be far below market value. Once again, the private owner might hold out for a higher offer from a private buyer. To solve this, the federal government must establish a valuation system for recreational access to our public lands. It would give a land management agency or a conservation nonprofit the ability to make a compelling offer to landowners to establish access, so landowners aren’t forced to choose between goodwill and financial practicality.

The third solution is to expand federal funding for programs that already compensate landowners for allowing access to their property for specific purposes such as seasonal hunting and angling. In many states, these are called walk-in programs.

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Many state programs receive funding in part from a provision of the Farm Bill, which is currently in congressional limbo. By improving the incentives offered to landowners who engage in these programs, we can ensure their enrollment, and the additional access they provide, for years to come.

Americans have the ability to enjoy a vast reserve of public lands. But with millions of acres beyond the reach of Americans, can they really be considered public?

Laura Orvidas is chief executive of onX, a recreation mapping tech and data company.