Sounds like "Mr. don't touch my corn" and "Mr. don't touch my air" should put a loaded gun to each others head, count to 3 and pull the trigger. Put each other out of their own misery. What a way to go thru life........not.
So Fred owns the two adjacent sections to the blm sections and if the article is talking about jumping the section corners. Fred is saying that he owns the air on the section corners and that since hunters had to physically touch his properties air in the process of crossing said section corner they were trespassing? The article is confusing when they talk about the airspace predicament of the legal arguments.
This will definitely set a precedent one way or another and local hunters should be talking to their local politicians to make section lines have atleast a somewhat reasonable easement to allow the public legal access to public land.
My father was to good natured. After grandpa passed away my father bought his home farm from his brother's and sisters. He descovered a neighbor had moved two of those monuments because it was easier for him to build a new fence on cleared land than his brush and shrub land. He didn't just move enough to take up an acre or two he took nearly ten acres. With the fence all built my father did nothing rather than start a Hatfield and McCoy with the neighbor. I wonder how much gov land is behind private fences.Legal Boundaries are monuments on the ground placed by the original surveyor or a Registered Professional Land Surveyor. NOT an aerial photo with lines drawn on by Computer Technician.
I consider tying up public land as a taking. We should make it voluntary by canceling all leases and only renewing those that allow public access. If they don't care about us I don't care about them no matter what they paid for grazing rights. The solution is easy, put the ball in their court. Treat them like the thieves they are.That would be considered a taking from the adjacent land
They need to draft a new law/rule that any corner of public land has a 10-foot diameter easement at EVERY CORNER
So what. Easements happen all the time. You could make some rules on the few sq feet on the corners if you wanted, but you shouldn't have to drag a step ladder with you to corner hop.That would be considered a taking from the adjacent land
This needs to go to a jury trial and the hunters be found not guilty of trespassing. Precedent set for the future. Carrying a ladder would suck though!
If the guy is like Montana ranchers a ladder wouldn't help. In Montana they asked to control air space over their land. Most of them think of that public land as theirs. If their grazing rights can't be taken cut the grazing down to one cow for every 640 acres. Maybe then the greedy ranchers will drop the arrogance.So what. Easements happen all the time. You could make some rules on the few sq feet on the corners if you wanted, but you shouldn't have to drag a step ladder with you to corner hop.