Road Law Blog
THE FEDERALLY RETAINED EASEMENT
On May 26, 2023, the federal court in Wyoming rendered its decision on “cross-walking” over corners of private and public sections of land as shown in the figure above. The circumstances were intriguing. The defendants had fabricated a metal ladder allowing them to literally climb over the pinpoint intersection and thereby avoid stepping on the private land. The court rejected the land baron’s argument that he owned the air space above that pinpoint…