UNLOCKING THE WEST: A CRITIQUE OF PREVIOUS STATUTORY ATTEMPTS AND A PROPOSED STATUTORY SOLUTION TO ALLOW ACCESS TO CORNER-LOCKED PUBLIC LAND

Author

Sawyer J. ConnellyFollow

Year of Award

2024

Document Type

Professional Paper

Degree Type

Master of Science (MS)

Degree Name

Environmental Studies (Joint Law Program)

Department or School/College

Environmental Studies

Committee Chair

Professor Robin Saha

Commitee Members

Judge Steve Brown Professor Martin Nie

Keywords

corner-crossing, public lands, access, recreation

Publisher

University of Montana

Subject Categories

Environmental Studies | Land Use Law | Natural Resources Law | Property Law and Real Estate

Abstract

Across the American West, 9.52 million acres of federal and state public lands are inaccessible to the public. The legality of accessing much of those public lands through corner-crossing is unclear in the law because, in the infinitesimal space where four corners of land meet in a checkerboard pattern, there is ambiguity; neither private landowners nor the public can assert an exclusive right or absolute control without infringing upon the rights of the other. This paper discusses the origins of landlocked public land, common law doctrines that inform legal actors in this space, and analyzes federal statute and state legislative attempts to clarify corner-crossing. Informed by principles of statutory interpretation, the paper systematically examines seven previous legislative attempts to legalize corner crossing in Wyoming, Nevada, Montana, and Colorado. It proposes a solution that progresses the Mountain West’s outdoor recreation heritage while respecting private property rights through a thoughtful addition to state code.

Recommended Citation

Connelly, Sawyer J., "UNLOCKING THE WEST: A CRITIQUE OF PREVIOUS STATUTORY ATTEMPTS AND A PROPOSED STATUTORY SOLUTION TO ALLOW ACCESS TO CORNER-LOCKED PUBLIC LAND" (2024). Graduate Student Theses, Dissertations, & Professional Papers. 12360.
https://scholarworks.umt.edu/etd/12360