The following communication is from Colorado Statewide Hunter Education Coordinator, Jordan Likes, and details the current Colorado Attorney General's position regarding corner crossing. While this is a resounding win for public access to federal lands, it opens the door for future conversations and stakeholder engagement regarding access to state lands that are open to the public but that will appear to remain "corner locked" following this interpretation. 

Join us at BHA's annual North American Rendezvous this summer for a deep dive and panel discussion titled - Corner Crossing is not a Crime - where we unpack this 10th Circuit ruling and discuss its implications inside and outside of the 10th circuit.

I have an update for you regarding the recent 10th Circuit Court of Appeals decision, Iron Bar Holdings, LLC vs Cape, et al. 

Historically, crossing into the airspace of private property in Colorado was considered to be trespassing. 

As a reminder, in 2021, three Missouri hunters who were hunting in Wyoming were cited for criminal trespass while corner crossing between federal parcels. In court, the hunters were acquitted of the criminal charges, but were served with a civil lawsuit for damages related to the alleged trespass. Eventually, the case was reviewed by the 10th Circuit Court of Appeals, where it was ruled that corner crossing from federal land to federal land while passing through the airspace of private property is legal. 

The Attorney General's Office for Colorado reviewed the case and the decision, and determined that the decision is valid in Colorado. 

It is now legal to corner cross from federal land to federal land, so long as a hunter or angler does not physically touch the private ground that surrounds the parcels of federal land. Hunters and anglers may touch the private fencing in the immediate vicinity if there is no other reasonably accessible means to access the parcel of federal land from federal land. A ladder or similar crossing equipment may temporarily be placed at the corner, so long as the equipment does not touch non-federal ground.

This decision only affects federal land and does not apply to any state owned or leased land, or private property (corner crossing to access State Land Board, State Wildlife Areas, State Trust Lands, State Parks or private property). If a hunter or angler were to corner cross from a State Wildlife Area to another State Wildlife Area that are surrounded by private property, it would still be considered trespassing in Colorado, as the hunter or angler is passing through the airspace of the private property. It is also still considered trespassing to shoot across private property. 

Please let me know if you have any questions about this.

Regards, 

Jordan Likes

Statewide Hunter Education Coordinator

Under the Colorado Open Records Act (CORA), all messages sent by or to me on this state-owned e-mail account may be subject to public disclosure.

Last year BHA collaborated on a fact sheet for legislators in Colorado who were considering legislation to address this issue, and the document below outlines some of the key facts about access to Colorado's federal and state lands. 

Corner Crossing in Colorado (2024 fact sheet)

Clarifying Public Access to Public Land

“Colorado’s iconic outdoors and millions of acres of accessible state and federal land are just some of the reasons why Coloradans love living here, and why so many people from across our country and around the world visit.” – Governor Jared Polis

But what about the 668,000 acres of inaccessible state and federal land in Colorado? Because of “land-locked” parcels and ambiguity over “corner-crossing” property borders, more acres of public land in Colorado are deemed inaccessible to the public than all the state’s national parks combined.

Due in part to how the West was settled, an intersecting patchwork of public and private parcels has created conditions that prevent the public from accessing public land. Across the West, there are over 6.5 million acres (about the area of Massachusetts) of public land that are inaccessible due to private land holdings surrounding or abutting it. These intersections are ripe for controversy. In 2021, onX, an online mapping software company, determined that 668,000 acres in Colorado are landlocked and 101,000 of those acres are “corner locked” (where two parcels of public land abut in a checkerboard fashion).

In Colorado, and across the West, recreationists attempting to cross from one parcel of public land onto another via an abutting corner have been reported to law enforcement even if the recreationalist does not physically touch private land. Landowners have claimed that simply passing through “private airspace” constitutes trespass. Lack of clarity regarding Colorado’s criminal trespass statute has created ambiguity around this practice and led to inconsistent enforcement by district attorneys throughout the state.

In 1983, Colorado Attorney General Duane Woodard interpreted the criminal trespass statute in a related public access matter and stated that "the legislative definition of 'premises' [in the criminal trespass statute] is limited to real property, improvements, and stream banks and beds and does not expressly include either waters or airspace (emphasis added).” Despite the AG’s opinion, ambiguity has persisted and therefore greater clarity on the legality of “corner-crossing” is needed in order to deescalate public-private conflict.

High Profile Conflict: The 10^th Circuit Court of Appeals in Denver is currently reviewing a Wyoming civil case where four hunters were sued by a private ranch owner for crossing his “private airspace” when they hopped from one corner of public land to another. The rancher initially claimed over $7 million in damages from the hunters under the theory that, by compromising his exclusive access to public land, they had devalued his property. Again, this is even though it is undisputed that the hunters did not physically touch his land or cause property damage. The hunters defended their action by asserting that the rancher may not prohibit their access to public land under the Unlawful Enclosures Act of 1885. The Wyoming District Court ruled in the hunters’ favor and the rancher appealed with the decision still forthcoming from the 10^th Circuit.

As the Wyoming case demonstrates, private landowners throughout the West are known to prize their “exclusive” access to public land and, in many cases, are able to profit handsomely from charging “trespass fees” to those who want to use public land. Landowners in Colorado charge up to $30,000 for similar access.

How Big of an Issue is this in Colorado?

• 8% of Colorado’s public land (or 668,000 acres) is considered “landlocked”. This constitutes more acres than the total acreage of Colorado’s four national parks.
• 15% of Colorado’s landlocked acreage (or 101,000 acres) is considered “corner-locked.” This is the equivalent of the Great Sand Dunes National Park
• The corner-locked land abuts 471 parcels of land owned by 527 unique landowners
• On average, each corner that is “unlocked” would provide public access to 79.2 acres (approximately 60 football fields).
• Over half (56%) of the corner-locked parcels are found in just 10 counties: Moffat, Weld, Larimer, Elbert, Boulder, Mesa, San Juan, Teller, Rio Blanco, and Clear Creek. 

In 2023 Representative Brandi Bradley led an unsuccessful effort to clarify the legality of corner crossing.

Next Steps: Robust stakeholder engagement is recommended to identify a solution that balances private property rights with the rights of the public to access state and federal land.  

SUPPORT OUR WORK