Commentary: ‘Corner-crossing’ ruling a huge victory for public land owners

In a huge victory for public land owners, Backcountry Hunters & Anglers on March 18 applauds the ruling by the U.S. Court of Appeals for the Tenth Circuit that affirmed the right to “corner-cross” to access public lands. The ruling marks a pivotal decision that cements the legality of public access to millions of acres of public lands in the West.

The court’s decision, which centers on the practice of corner-crossing – allowing hunters and outdoor enthusiasts to legally cross at the corners of public and private lands so long as they do not step foot on private property – reaffirms the core principle that public lands should remain accessible for all, particularly for those seeking to engage in responsible hunting and outdoor recreation.

This ruling protects public land access, ensuring that private landowners cannot unjustly restrict the ability of individuals to utilize public lands that are otherwise landlocked due to a checker board pattern of land ownership.

“This decision is a major win for hunters, anglers, and anyone who values the freedom to access and enjoy our public lands,” said BHA’s president and CEO, Patrick Berry. “The American ideal of public land ownership depends on access to the landscapes and wild places that belong to all of us, not just a select few. This ruling makes it clear that corner-crossing is a legally acceptable way to preserve that access.”

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BHA, which joined the case as an amicus curia (friend of the court) and raised over $200,000 for the legal defense of the hunters originally impacted, has long advocated for increased public land and water access, and the opportunity for hunters, anglers, and others to fully utilize lands owned by all Americans.

According to the GPS mapping company, onX, more than 8 million acres of public land across 11 western states are accessible only through corner crossing, demonstrating the magnitude of this victory for outdoor enthusiasts.

The legal precedent for the Tenth Circuit decision is limited to Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming – the state in which this legal conflict emerged.

In 2021, a private landowner attempted to block hunters from accessing public lands, arguing that they had trespassed by traversing through “private” airspace by using a ladder to step across the corner intersection of public and private land.

In their ruling, the Tenth Circuit justices concluded, “Iron Bar cannot implement a program which has the effect of “deny(ing) access to (federal) public lands for lawful purposes(.) ”So the district court was correct to hold that the hunters could corner-cross as long as they did not physically touch Iron Bar’s land. We affirm.”