The Checkerboard
Episode
38 min
Read time
2 min
AI-Generated Summary
Key Takeaways
- ✓Checkerboard Land Pattern: Over 8 million acres of public land across six Western states remain corner-locked, created when railroads received 130 million acres in alternating square-mile sections during westward expansion post-Civil War era.
- ✓Corner Crossing Legality: Hunters accessed landlocked public squares by stepping diagonally at corners where public lands touch, never touching private property. The US Tenth Circuit Court ruled this does not constitute trespass in six Western states.
- ✓Unlawful Enclosures Act of 1885: Federal law prohibits fencing public land or blocking access, yet large landowners effectively control adjacent public squares by denying passage through their property, monopolizing resources like elk populations on public mountains.
- ✓Legal Defense Strategy: When sued for nine million dollars by billionaire ranch owner Fred Eshelman, hunters built a custom ladder to cross corner posts without physical contact, demonstrating they never touched private property or airspace during their hunts.
What It Covers
Four Missouri hunters challenge century-old land ownership patterns in Wyoming by corner crossing through checkerboarded public-private land to access 8 million acres of landlocked public property, sparking a federal court case.
Key Questions Answered
- •Checkerboard Land Pattern: Over 8 million acres of public land across six Western states remain corner-locked, created when railroads received 130 million acres in alternating square-mile sections during westward expansion post-Civil War era.
- •Corner Crossing Legality: Hunters accessed landlocked public squares by stepping diagonally at corners where public lands touch, never touching private property. The US Tenth Circuit Court ruled this does not constitute trespass in six Western states.
- •Unlawful Enclosures Act of 1885: Federal law prohibits fencing public land or blocking access, yet large landowners effectively control adjacent public squares by denying passage through their property, monopolizing resources like elk populations on public mountains.
- •Legal Defense Strategy: When sued for nine million dollars by billionaire ranch owner Fred Eshelman, hunters built a custom ladder to cross corner posts without physical contact, demonstrating they never touched private property or airspace during their hunts.
Notable Moment
A pharmaceutical executive sued four working-class hunters for nine million dollars after they accessed public land by stepping diagonally at property corners, but the amount seemed so absurd the hunters found it laughable rather than intimidating.
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