In a landmark decision, the 10th Circuit Court of Appeals upheld a federal court ruling stating that a group of hunters did not commit trespassing when they crossed at the corner of private land to access landlocked public land. The decision, which affirms the lower court’s ruling, could have significant implications for landowners and public land access across the six states under the 10th Circuit’s jurisdiction: Wyoming, Utah, Colorado, New Mexico, Kansas, and Oklahoma.
The ruling effectively limits landowners’ ability to restrict public access to public lands separated by private property corners. Jim Magagna, Executive Director of the Wyoming Stock Growers Association, acknowledged the court’s decision and its potential impact on landowners.
“They discussed a lot of different cases in there, which, reading it, you get a little nervous that maybe even a physical touching would be permitted,” Magagna said. “But at least the decision in this case simply says it’s not a trespass, as long as they didn’t physically touch the private ground.”
Magagna advised landowners to remain aware of their property boundaries and accept the higher court’s ruling.
“I’m not ready to say that this means every landowner should go out and have a survey done to determine without doubt where the corner of their land is,” he noted. “But whatever they deem to be the corner; they need to be prepared to respect that there will be a possibility of members of the public crossing over that corner.”
While this ruling sets a precedent, Magagna speculated on potential further litigation but acknowledged its challenges.
“The landowner could ask for an en banc hearing in the 10th Circuit, meaning the full court instead of just the three-judge panel,” he explained. “However, because this was a unanimous decision of the three, I would tend to think that the odds of the court granting a full hearing may be rather limited.”
Another option, he said, is for the landowner to appeal to the U.S. Supreme Court. However, the court only accepts a small portion of cases, and since no conflicting rulings exist in other circuits, the likelihood of the Supreme Court taking up the case is low.
Moving forward, landowners and public land users alike will need to navigate this new legal landscape carefully.
####
Northern Ag Network – 2025
