The U.S. Supreme Court has declined to hear Iron Bar Holdings v. Cape, ending a five-year legal fight over whether hunters can “corner-cross” between adjoining parcels of public land without trespassing on private property. By refusing to take up the appeal, the Court allowed the 10th Circuit’s unanimous decision to stand—making corner crossing legal in Wyoming, Colorado, Utah, New Mexico, Kansas, and Oklahoma.
What Happened
The case began when four hunters from Missouri used an A-frame ladder during a 2021 elk hunt to step from one square of Bureau of Land Management land to another at the exact corner where they touched—without setting foot on private ground. The surrounding ranch, Elk Mountain Ranch, is owned by pharmaceutical executive Fred Eshelman through Iron Bar Holdings.
Eshelman sued the hunters for trespassing and claimed their crossing devalued his 50-square-mile property by as much as $9 million. A local jury acquitted the men in criminal court, and federal judges later dismissed the civil case. The 10th Circuit upheld that dismissal, citing the Unlawful Inclosures Act of 1885, which forbids landowners from blocking public access to public lands—by fence, threat, or lawsuit.
When the Supreme Court refused to hear Eshelman’s appeal on Monday, it effectively confirmed that corner crossing—stepping diagonally between public parcels without touching private land—is not trespassing in those six states.
A Major Win for Public Land Users
Outdoor groups called it a landmark victory. Backcountry Hunters & Anglers (BHA), which helped raise defense funds for the four men, said in a statement that the decision preserves access to over 3.5 million acres of public land within the 10th Circuit’s jurisdiction—and could influence laws across the West.
“The Supreme Court’s action affirms a principle hunters and anglers have long understood: corner crossing is not a crime,” said Devin O’Dea, BHA’s Western Policy & Conservation Manager.
Lead defendant Bradly Cape told Montana Free Press, “The first reaction was, ‘awesome, that’s great—it’s over.’ We never thought we were doing something wrong.”
What It Means for the Rest of the Country
The ruling doesn’t yet apply nationwide. States like Montana, Idaho, and Washington fall under different federal circuits where corner crossing remains a gray area. Still, the 10th Circuit’s opinion now serves as “persuasive precedent”—a strong example other courts and legislatures can follow.
Landowners’ groups warn that allowing corner crossing could increase foot traffic, fire risk, and littering, but access advocates argue the opposite—that blocking passage effectively locks millions of acres of taxpayer-owned land away from the public. Mapping company onX estimates that 8.3 million acres of federal land across the West were previously “corner-locked.”
Tradition and Fairness
Attorney Ryan Semerad, who represented the hunters, said the ruling upholds a simple American principle: public land belongs to the people.
“Where you have checkerboarded land, the private landowners can’t stop you,” Semerad said. “They can’t call the sheriff. They can’t sue you for trespass as long as you don’t touch or damage their property.”
The case has become a rallying point for hunters and hikers who see public access as part of America’s outdoor heritage—and a pushback against wealthy absentee landowners who try to treat public wilderness as private preserves.
As BHA’s Jack Polentes put it, “Today’s win is historic, but it’s not the finish line.” State lawmakers may still try to restrict corner crossing through new legislation, and local prosecutors in other states could test the issue again. For now, however, the message in the West is clear:
If you can cross cleanly from public to public land without touching private ground—you’re within your rights.
We are in dangerous times! We are SO CLOSE to our final funding goals! With your help we can make it!
10th Circuit Upholds Public Access: Corner-Crossing Ruling Protects Millions of Acres of Public Land
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there should be easements that would create a 10 foot wide right of way
I can’t believe it took 5 years to make a decision that could have been made in 5 minutes. So I bet this jerk that owns so many acres would sue you if you shot an elk and it ran, jumped the fence and died on his property and you went on to his land to get it. He could care less about letting the meat rot and go to waste because the fact that you trespassed on HIS property is more important. If I were blessed enough to own such a property, I would have no trespassing signs up… Read more »
This is a great ruling I have hunted in states that didn’t allow it.
millions of acres of public land was closed off. By the matter feet.
The rest of the states need to fall in line.
This ruling is just common sense, because you can’t trespass on private property if you don’t step on private property. It’s very similar to water flowing through private property. You have access to the water on private land as long say OU don’t intrude above the high water mark. You can float, wade, fish, etc. To me, that’s even a more invasive act than climbing a fence and never stepping foot on my property.
Greedy land owners trying to lock off public land and deny access can eat a turd .Fred Eshelman glad you lost you greedy pig .
Three cheers for the local jury, the local court, the 10 Circuit Court, and the S. Ct.
Three jeers to Fred “The Idiot” Eshelman, who was outsmarted by three ordinary folks!!
We have a unique situation in Washington. When Christine Gregoire was governor, she sold off a huge amount of public land to the lumber companies along with full mineral and water rights. No one can hunt, or recreate on that land without purchasing a gate key from whichever lumber company owns the land you want access to. Those keys, if you’re driving onto the land, cost upwards of $250 every hunting or season. I belive keys are good for a calendar year, but I’m not 100% certain about that. If you walk in, the keys are less expensive. And they… Read more »
Rich Pharma Exec? Enough said!
How about expecting this concession when you purchase land checkerboarded by public land? It’s like people who buy houses without visiting or looking at what’s around it, and then discover it is next to a stinky sewer plant.
I hope the stinky landowners are billed to cover ALL costs incurred in telling them where to get out o the crazy-bus they are riding.
Some people let their money go to their head they think they can buy whatever they want, including you and me.