Nothing Public About It
An investigation into our country's landlocked public lands.
Creation of Public Lands
United States: After a period of national expansion from 1781 to 1867, the United States had accrued over 1.8 billion acres of public domain lands.
To encourage the development of the west and to generate revenue, the federal government distributed two thirds of this land through grants and sales to states, corporations and individuals.
The major corporations consisted of rail companies, wagon road builders and mining companies. Other beneficiaries included universities and individuals looking to start a new life further west.
After these transactions, the United States was left with about 600 million acres of land in the public domain.
Left: US Territory Post Independence 1783 (Wikipedia). Right: Land Acquisitions of the US 1783-1853 (Canyon Vista MS)
Impact of Teddy Roosevelt
President Roosevelt and John Muir at Yosemite National Park in 1903. Photo courtesy of the Library of Congress.
Teddy Roosevelt was a life long conservationist and active outdoorsman who cherished wilderness as on of our greatest resources.
During his time in office, Teddy established and protected 150 national forests, 51 federal bird reverses, four national game preserves, five national parks and 18 national monuments through his American Antiquities Act of 1906. He also created the United States Forest Service (USFS) to oversee this land.
In total, Teddy protected over 230 million acres of land to be used by the U.S. public, blocking it from being sold and developed.
It is not what we have that will make us a great nation; it is the way in which we use it. - Theodore Roosevelt
What Makes Public Land Special
One of the special aspects of public land in the United States is that it is open to the public for a wide range of activities, including hiking, camping, hunting, fishing, and more. This allows people from all walks of life to enjoy the beauty and resources of these lands.
Aside from recreation, public lands are home to a diverse range of plant and animal species, making it an important source of biodiversity. Also, many public lands contain ancient Native American cultural sites, as well as pioneer and gold rush-era settlements, providing opportunities for research and education, helping to preserve and understand the country's rich cultural heritage.
"Landlocked" Public Land
What is it?
"Landlocked" refers to public land that is surrounded by other privately-owned land and is not directly accessible from a public road, river, stream or public easement. This can occur when a parcel of public land is completely enclosed by private land, or when a public road or other access point to the public land has been blocked or tampered with by a private land owner to discourage entry.
Who does it Effect?
Landlocking can have a number of negative consequences for public land and the people who use it. It creates limited access for recreational users, and also makes it more difficult for the land to be managed and maintained. It creates legal and financial challenges for the government agencies responsible for managing the land, as they may need to seek access through legal means or negotiate with private landowners to regain access. Ultimately, landlocking parcels doesn't just hurt the human users, but the animal and plant life as well.
"Checker-Board" Parcels: Why They Exists and Issues They Cause
Example of "Checker-Board" parcels in southwest Wyoming. The darker blue parcels are public, and lighter blue parcels are private.
The checkerboard pattern of land ownership in the western United States refers to the pattern of alternating blocks of public and private land.
This pattern of ownership is often found in areas that were settled and developed during the 19th and early 20th centuries, when the federal government granted land to railroads as part of a policy to encourage the development of the western United States.
The checkerboard pattern of land ownership is one of the leading causes in public parcels becoming landlocked.
In extreme cases, land brokers have gone so far as to advertise checkerboarded sections of public land as coming with the ranches they have for sale.
The case for "Corner Crossing"
"Corner crossing" refers to the act of crossing from one parcel of checkerboarded land to another by going through a corner of the parcel. So, to move between two public parcels, people will inevitably put at least some part of their bodies either on a private fence, or in the air above the private property.
The legality of this act is incredibly hazy in many states, and is currently being tested in our federal court by four hunters from Missouri who traveled to Wyoming for the 2021 Elk hunting season.
They were accused of trespassing on Iron Bar Ranch near Elk Mountain while crossing from one corner of public land onto another section of public land. The men used a ladder that did not touch any of Iron Bar Ranches' fence or land.
Iron Bar Ranch is claiming $7.75 million in damages from their actions and has called into question whether landowners also control the airspace above their soil at the corners.
What Can We Do?
The four men being prosecuted are not ultra wealthy like the plaintiff, former pharmaceutical executive Fred Eshelman, owner of Iron Bar Ranch, who has an estimated net worth of $380 million. They currently have a GoFundMe to help raise money for their legal fees to fight back against Eshelman, and any amount would help. If these men win their case, the precedent set will be felt all over the US, and will open up thousands of acres of landlocked public land.
