The American West is renowned for its vast public lands, offering endless opportunities for outdoor enthusiasts. However, a significant portion of these lands remains inaccessible due to a legal gray area known as corner crossing. In Colorado, this issue has garnered attention as it affects the ability to access millions of acres of public land.
Understanding the complexities of corner crossing and finding solutions to unlock these lands is crucial for ensuring equitable access to nature, a key policy priority for The Next Summit in 2025.
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What is Corner Crossing?
Corner crossing refers to the act of stepping from one parcel of public land to another at the exact point where the corners of four parcels meet, two of which are often privately owned. This method of access arises from the checkerboard pattern of land ownership in the West, a result of 19th-century land grants and various legislative actions.
Despite the absence of laws explicitly prohibiting corner crossing, it remains a contentious issue, often considered trespassing due to the crossing of private airspace.
The Scope of the Issue
Recent analyses using advanced mapping technology have revealed the staggering extent of corner-locked lands. A 2018 report from OnX found that in the Western United States, 8.3 million acres of public land are corner-locked, with over 27,000 property corners creating these inaccessible areas.
In Colorado alone, 101,100 acres are affected, limiting access for hikers, hunters, and other outdoor enthusiasts. To put this into perspective, this area is roughly equivalent to the size of 76,500 football fields or about 158 square miles, which is larger than the city of Denver.
Legal Ambiguity and Landowner Concerns
The legal status of corner crossing is murky at best. While no state has successfully passed legislation definitively legalizing or criminalizing the practice, cases have often been decided on an individual basis.
Landowners say they have two main reasons for opposing corner crossing:
The first is that corner crossing constitutes a violation of property rights, citing concerns trespassing through their airspace. This perspective aligns with broader property rights protections under the Fifth Amendment.
The second is a fear that “bad apples” will take advantage of greater access and limited law enforcement resources to trespass, hunt illegally, and occupy their private property without permission – an issue that already occurs across the state.
Free: Complete Colorado 14ers Planner
Every peak. Every trailhead. Every detail: in one spreadsheet.
- All 58 peaks ranked beginner to expert
- Safety notes and seasonal windows for each
- Route difficulty, mileage, and prep tips
The Need for Solutions
Addressing the issue of corner-locked lands is essential for expanding public access to Colorado’s natural areas. Unlocking these lands would not only enhance recreational opportunities but also foster a greater connection to nature, promoting conservation efforts. Several solutions have been proposed, including:
- Land Swaps and Sales: These transactions can consolidate public lands, making them more accessible while providing private landowners with desirable tracts of land.
- State Programs: Programs like Montana’s Unlocking Public Lands offer tax incentives to landowners who permit access across their property to public lands.
- Easements: Legal agreements granting the public the right to cross private property at specific points can provide long-term access solutions.
- Mutual Agreements: Encouraging dialogue and agreements between landowners and public land users can facilitate access while respecting private property rights.
- State Legislation: Colorado Rep. Brandi Bradley of Douglas County sponsored a 2023 bill to create a task force to study corner crossing and submit recommendations to the state Legislature. While the bill died in Committee, it shows the potential for legislation to help shed light on the issue and potentially find a solution.
Ongoing Legal Developments
The ambiguity surrounding corner crossing is finally seeing some resolution, as ongoing legal cases and legislative efforts aim to clarify its legality.
The most significant cases in this regard stem from an incident that occurred in 2021 in Carbon County, Wyoming, where four hunters used a ladder to cross a property corner. They carefully avoided stepping on private land, but were still charged with trespassing due to crossing through private airspace.
This case highlights the core of the corner crossing debate: whether passing through the airspace of private property, even momentarily, constitutes trespassing. The jury’s decision would directly answer this question in court for the first time ever.
Free: Complete Colorado 14ers Planner
Every peak. Every trailhead. Every detail: in one spreadsheet.
- All 58 peaks ranked beginner to expert
- Safety notes and seasonal windows for each
- Route difficulty, mileage, and prep tips
The Wyoming Case: A Turning Point
Although a jury found the defendants not guilty of criminal trespassing, the situation did not end there. The private landowner filed a civil suit against the hunters in federal court, seeking millions of dollars in damages for allegedly decreasing the property’s value by making it ‘non-exclusive.’
This civil case had far-reaching implications. If the court ruled in favor of the landowner, it would set a precedent at the federal level, potentially influencing similar cases and creating new barriers to access corner-locked public land.
However, in a major win for public access and outdoor recreation, the Court rejected most of the arguments made by the ranch owner. In no uncertain terms, he wrote that, “corner crossing on foot in the checkerboard pattern of land ownership without physically contacting private land and without causing damage to private property does not constitute an unlawful trespass.”
The judge’s ruling was based in large part on the Unlawful Inclosures Act of 1885 which made it illegal for private landowners to use fencing or barbed wire to block access to public lands.
The Saga Continues in Denver Appeals Court
As expected, the ranch owner filed an appeal with the federal court of appeals, who agreed to consider the case and heard arguments in May, 2024. The case, Iron Bar v. Cape, et al, has not yet been decided, as a three-judge panel continues to sift through the complex legal precedent involved that date back to the 1880s.
That decision, which could come at anytime, would be binding legal precedent across the 10th circuit – which includes Wyoming, Colorado, Utah, New Mexico, Kansas and Oklahoma – and unlock access to millions of acres of public land.
Regardless of how the Court rules, observers and the hunters’ attorney expect it to be appealed all the way to the U.S. Supreme Court for a final, definitive ruling – which will be binding nationwide.
Potential Impact on Colorado
For Colorado, where over 100,000 acres of public land are corner-locked, the outcome of this Wyoming case is particularly significant. A Supreme Court ruling could provide a legal framework that either supports or restricts corner crossing, directly impacting how public lands can be accessed.
The Path Forward: New Laws Clarifying Access
As The Next Summit advocates for policy changes in 2025, addressing the corner-locked land issue will be a priority. Collaborative efforts involving stakeholders from diverse backgrounds, including landowners, outdoor enthusiasts, and government agencies, are essential.
By finding equitable solutions, we can ensure that everyone has the opportunity to enjoy Colorado’s public lands.
We believe now is the time for the Colorado State Legislature to take action to clarify the legal status of corner crossing while providing landowners the legal liability protection and enforcement options they need to feel comfortable providing this type of access to the public.
Help Us Protect Public Land Access in Colorado
Take Action Today! Become a member of The Next Summit and fuel our advocacy efforts to unlock access to the 100,000 acres of landlocked public land in Colorado. Your support is crucial in helping us push for legislative changes, engage with stakeholders, and find sustainable solutions to this pressing issue. Together, we can make a difference.
