A recent ruling by the 10th U.S. Circuit Court of Appeals could reshape public land access across the West, with significant implications for hunters and outdoor users in Northwest Colorado.

The federal court’s decision in Iron Bar Holdings, LLC v. Cape upheld the legality of a long debated method of public land access known as “corner-crossing,” potentially opening thousands of previously unreachable acres to public access.

The ruling stems from a 2021 incident in south-central Wyoming, where four hunters from Missouri used a steel ladder to step from one piece of public land to another at a shared corner, without setting foot on the adjoining private land owned by North Carolina pharmaceutical executive Fred Eshelman.

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Corner-crossing refers to the act of moving between public land parcels at the exact point where they touch at the corners, bypassing private land at the other two corners.

Such practices are especially relevant in Northwest Colorado, where checkerboards of public and private land, created through 19th-century railroad grants, have hindered access to large swaths of public terrain.

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In the Wyoming case, Eshelman argued that the hunters trespassed through the “airspace” above his Elk Mountain Ranch, which includes almost 11,000 acres of interspersed, land-locked federal public land within 50-square-miles of private holdings.

Although a local jury found the men not guilty of criminal trespassing charges, Eshelman sued for as much as $7.75 million in civil damages, claiming their actions devalued his property.

In 2023, a Wyoming District Court sided with the hunters.

The Tenth Circuit upheld that decision, ruling that as long as no physical contact occurs with private ground, the act of corner-crossing does not violate trespassing laws.

The court leaned heavily on the 1885 Unlawful Inclosures Act, originally passed to prevent large landowners from fencing off access to public lands. The ruling, which was unanimous, was issued by a three-judge panel including David Ebel, Nancy Moritz and Timothy Tymkovich.

The implications for Northwest Colorado are substantial.

In Moffat County and other parts of the Yampa Valley, access to large public parcels has often been restricted by checkerboard layouts or public and private lands. Outdoor enthusiasts, including hunters, anglers and hikers, have struggled with these boundaries and have been forced to bypass otherwise accessible land to avoid legal trouble.

The ruling could expand recreational opportunities and relieve pressure on overused public entry points. It could also potentially increase outdoor-based tourism in communities like Craig, where access to public land, especially for hunting, is a large part of the economy.

Tyson Sweetser, a lifelong Yampa Valley resident and part-time guide for Big Rack Outfitters, said the ruling marks a major shift for both public hunters and the outfitting industry. 

“It opens up the ground that the outfitters had landlocked, and it’s going to kind of be a game changer there because now somebody can legally be in there as long as they legally crossed that corner,” he said. 

While Sweetser acknowledged that the decision will allow more people to legally access BLM parcels previously treated as private due to their inaccessibility, he emphasized that outfitters must already have permits to guide on those specific parcels, a point that is often misunderstood.

Sweetser noted that the response among outfitters and landowners will likely be mixed, with some taking the ruling in stride and others potentially pushing back. 

“I definitely think there will be a handful of [outfitters and landowners] that will push the envelope and probably try and play hard ball,” he said. 

In his view, the tension stems in part from a shift in territory that some outfitters and ranchers have considered exclusive, even if the land itself was technically public.

To avoid unnecessary conflict, Sweetser encourages public land users to be precise and respectful when navigating corner access. 

“You need to make sure that your tracks are turned on,” he said, explaining that such precise GPS devices can help confirm legal crossing. 

He also called for understanding from private landowners.

“Not everybody has access to private ground, or has the money to be able to pay for a guided hunt,” he said. “There needs to be respect for the guy that’s willing to work to get to hard-to-reach public parcels.” 

As outdoor enthusiasts explore these newly available lands, Sweetser hopes both sides can approach the change with patience and mutual respect.

Colorado Parks and Wildlife also urged cooperation between landowners and those who are recreating on public lands.

“CPW values both increasing access to public lands and respecting private property rights. Having stakeholders on both sides of this issue, we will continue to communicate responsible use and access of our public lands into the future,” said CPW Public Information Supervisor Travis Duncan.

Public land advocacy groups, such as Backcountry Hunters & Anglers, hailed the decision as a major victory, arguing that public land ownership means little without practical access.

“This decision is a major win for hunters, anglers, and anyone who values the freedom to access and enjoy our public lands,” said BHA’s President and CEO Patrick Berry in a March 18th press release. “The American ideal of public land ownership depends on access to the landscapes and wild places that belong to all of us, not just a select few. This ruling makes it clear that corner-crossing is a legally acceptable way to preserve that access.”

For rural areas in the West, where hunting season and hiking trails are more than just leisure, ruling marks a potential turning point.

However, the ruling has stirred concern among some ranchers and private landowners, who feel that the ruling might challenge their control over border areas and airspace.

Future appeals, or legislation, could still possibly reshape the framework of the issue.

For now, the court’s decision stands as a win for outdoor access, supporting the idea that public land, when navigated in a legal manner, remains open to the public, even if it means careful access over private land at a corner.

The Tenth Circuit has jurisdiction over Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming and certain portions of Yellowstone National Park which reach into Montana and Idaho.