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Case Citations [i] (Spring 2026)

handle is hein.ali/forthprop0015 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2026 Citations PROPERTY 4TH (DRAFTS) VOLUME 2. INTERFERENCES WITH, AND LIMITS ON, OWNERSHIP AND POSSESSION DIVISION I. PROPERTY TORTS CHAPTER 1. EJECTMENT AND TRESPASS TO LAND § 1.2A. Trespass above the Surface of the Land C.A.10, 2025. Cit. in ftn., com. (d) and Rptr's Note to com. (a) quot. in ftn. (T.D. No. 4, 2023). Owner of a ranch that was platted into alternating squares of public and private land in a manner resembling a checkerboard filed a civil trespass action against elk hunters who used the corner-crossing technique to step across adjoining corners of federal public land and pass through the airspace of owner's private land. The district court granted summary judgment for hunters. This court affirmed, holding that the Wyoming Supreme Court would deem hunters' corner-crossing an actionable civil trespass under Wyoming law, which provided that a trespass could be committed on, beneath, or above the surface of the earth, but the Unlawful Inclosures Act and case law interpreting it supplanted conflicting Wyoming state law, such that hunters did not violate the ad coelum doctrine when they corner-crossed into federal public lands as long as they did not physically touch the private land. The court observed that Restatement Fourth of Property § 1.2A attempted to reconcile the practical aspects of the ad coelum doctrine, which was the property right to the airspace over one's land, against its historical brightline antecedent. Iron Bar Holdings, LLC v. Cape, 131 F.4th 1153, 1166. COPYRIGHT C2026 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.