Housing developments on public land in Nevada and Utah? A new bill could allow it—but there’s still hope


A few years ago, a Wyoming ranch owner, Fred Eshelman, sued a group of hikers who put a ladder over one of these checkerboard corners so they could pass from one public square to another without technically touching the private property. It was clever, but Eshelman was not amused. He sued them, and a long legal battle ensued. At stake: 15 million acres of land that could become de facto private if the court ruled that the public has no legal right to get there. And on the landowners’ side: Potentially millions of dollars in real estate value. A Swiss cheese ranch is less valuable than thousands of acres that are fully private.

In March, the US 10th Circuit Court of Appeals, in Denver, ruled in favor of the hunters, formally legalizing corner-crossing in the states within the district. It’s not yet a nationwide law, but the precedent has been set, and that’s a huge win for protecting access to public land whenever there’s a similar dispute in years to come. 

As for selling off land in Utah and Nevada? That would set a precedent, too, one that public lands advocates fear could lead to widespread destruction of one of the country’s biggest sources of pride, and money. Outdoor recreation is a USD$1.2 trillion industry in the US, according to the Outdoor Recreation Roundtable.

“Mandating reckless lease sales on public lands and waters will not lower gasoline or energy prices or increase American energy security,” the Center for American Progress, a nonpartisan policy institute, wrote on Tuesday. “But it will ensure that US public lands and waters are prioritized for oil and gas while sacrificing public health and displacing recreation, wildlife habitat, renewable energy, and other uses.”

If you have time, you can call your representatives directly to oppose the sale of public land, or you could write to them using this template from the Outdoor Alliance. It’s not too late to take action to make your voice heard.



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