Checkerboard Land Ownership Blocks Public Access, Corner Crossing Legalized

Key Quotes

"The checkerboard as it's commonly known is a phenomenon unique to the American West, a pattern of land ownership which is found in huge areas from New Mexico all the way up to Washington. On a map, these particular areas look a lot like, well, a checkerboard or perhaps checkered linoleum tiles, but instead of alternating black and white squares, checkerboarded land alternates between single square mile parcels of public land and square mile parcels of private land."

This quote introduces the core concept of the "checkerboard" land ownership pattern prevalent in the American West. The author, Nick Mott, explains that this pattern, visually resembling a checkerboard, consists of alternating one-square-mile parcels of public and private land. This alternating ownership is the fundamental reason for the access issues discussed in the episode.

"There's a catch, though: when it comes to hunting or doing anything, really, on the checkerboarded area in the U.S., there's no legal way to pass through private property without the landowner's permission. That's trespassing. So, public land in the checkerboard is often very difficult to access. After all, any public square in a checkerboard is surrounded on all sides by private property; it's only ever caddy-corner to other public squares."

Nick Mott highlights the critical challenge presented by the checkerboard pattern: the inability to legally traverse private land to reach adjacent public parcels. This quote explains that because public squares are only diagonally adjacent to other public squares, access is effectively blocked by private ownership, leading to significant difficulties in reaching these public lands.

"So, this becomes a means of conquest, and once it's there, once in Indian lands can be sold to build the railroads, then the railroads can become the agency for conquering any remaining Indian resistance. So, this is how the whole system works, and in this way, it does become an agent of colonization."

This quote, attributed to historian Richard White, reveals the historical context and consequences of the checkerboard land grant system. White explains that the land grants to railroads were not just for economic development but also served as a tool for military conquest and colonization, facilitating the displacement of Native American populations.

"The hunters' designed, built, set up, and climbed a specialized ladder to cross through empty airspace in an empty field just so they could say that this time they were following the very letter of the law."

This passage describes the hunters' innovative solution to circumventing the legal barriers to accessing public land. The author details how the hunters constructed and used a ladder to cross over the property line without physically touching the private land or the "no trespassing" signs, demonstrating their commitment to adhering strictly to legal interpretations.

"The court laid out a history of the West, the railroads, the checkerboard grants, the enclosures, the range wars. It explained how the land is supposed to work. The opinion said these public lands in the West, they're for everyone, and that's who they were always for."

This quote summarizes the U.S. Tenth Circuit Court of Appeals' decision in the Iron Bar Holdings v. Cape case. The author notes that the court's opinion provided a historical overview and concluded that public lands in the West are intended for the use and enjoyment of everyone, establishing a precedent for public access.