The Checkerboard - 99% Invisible Recap

Podcast: 99% Invisible

Published: 2025-12-09

Duration: 38 min

Guests: Nick Mott, Richard White, Ryan Semarad

Summary

The episode explores the complex issue of checkerboard land ownership in the American West and the legal battle over public access to these lands, highlighting the implications for public land access across the U.S.

What Happened

In 2019, hunters Brad Cape and his partner discovered Elk Mountain in Wyoming, a promising hunting ground. However, access was complicated by a checkerboard pattern of public and private land ownership, a result of historical land grants to railroads. This pattern creates 'corner locked' public lands, which are accessible only at the corners where public and private lands meet.

The hunters attempted to access Elk Mountain by 'corner crossing,' moving diagonally from one public square to another without stepping on private land, which led to legal challenges. They used a ladder to avoid touching private property posts, but the ranch owner accused them of trespassing, leading to criminal charges.

The legal battle highlighted a longstanding issue of public access to checkerboarded lands. The hunters argued that they had a right to access public land, while the ranch owner contended that such access devalued his property. Their case drew national attention, as it potentially affected access to millions of acres of public land.

The hunters were eventually acquitted of criminal trespassing, but the ranch owner filed a civil suit demanding $9 million in damages, claiming corner crossing would devalue his land. The case escalated to the U.S. 10th Circuit Court of Appeals, which ruled in favor of the hunters, affirming public access to corner-locked lands in six western states.

This case underscored the tension between private property rights and public land access, with wider implications for millions of acres of public land in the U.S. It also sparked a broader discussion about the historical and current policies surrounding land ownership in the West.

Despite the legal victories, the Supreme Court's refusal to hear the case leaves the status of corner crossing ambiguous in other states, leaving room for future legal battles. The hunters expressed satisfaction with their role in the case, which they felt was crucial for public land rights, despite the lengthy legal process.

The episode connects this legal battle to broader themes of land use, property rights, and public access, illustrating the complexities of land management and the ongoing struggle for equitable access to public resources.

Key Insights