The Claremont Institute Files Amicus Brief Defending Private Property Rights
Washington, D.C.—The Claremont Institute’s Center for Constitutional Jurisprudence, led by Dr. John Eastman, submitted an amicus curiae brief to the Supreme Court calling for justices to consider the critical private property rights case Iron Bar Holdings, LLC v. Bradley H. Cape.
At the center of the case is “corner crossing,” which impacts millions of privately-owned acres, especially in the American West. We are urging the Supreme Court to reinforce longstanding constitutional protections, ensuring that private property cannot be commandeered for public use without following due process and ensuring just compensation.
Earlier this year, the United States 10th Circuit Court of Appeals ruled that Fred Eshelman’s trespass action against four hunters who crossed over the corner of his southern Wyoming ranch to access public lands was preempted by a late-nineteenth century federal statute that prohibited private landowners from fencing their private property in such a way as to prevent access to the public lands.
Wyoming, Colorado, Kansas, Oklahoma, New Mexico, Utah, and parts of Yellowstone National Park in Montana and Idaho—states with complicated, public-private grid land divisions—are directly affected by the appeals court’s decision.
Citing Supreme Court precedents, including Cedar Point Nursery v. Hassid and Leo Sheep Co. v. United States, the Center for Constitutional Jurisprudence contends that:
- Property rights, including the right to exclude others from one’s land, are fundamental.
- The Fifth Amendment’s Takings Clause prohibits the government from taking private property for public use without paying just compensation.
- The 10th Circuit’s ruling effectively creates an easement, undermining the foundational right to exclude and conflicting with established Supreme Court decisions.
“Moreover, the odd circumstances that have led to the ‘lack of access to public lands’ problem at the heart of this case was created by Congress itself, and Congress itself can fix the problem by use of its power of eminent domain, as long as it does so in conformity with the requirements of the Takings Clause,” the amicus brief continues.
Click here to read the amicus brief.
About The Claremont Institute
The Claremont Institute is a leading think tank dedicated to restoring the principles of the American Founding to their rightful, preeminent authority in our national life. Through litigation, scholarship, teaching, and policy advocacy, Claremont defends the Constitution and equips lawmakers and leaders to uphold its guarantees.
