99% Invisible – "The Checkerboard" (December 9, 2025)

Episode Overview

In "The Checkerboard," host Roman Mars and reporter Nick Mott (with contributions from Joe Rosenberg) examine the phenomenon of "checkerboard" land in the American West—vast tracts alternating public and private ownership— and the struggles over access that arise from this legacy of 19th-century government policy. The episode follows the story of four Missouri hunters who set off a landmark legal battle over their right to cross from one public parcel to another by "corner crossing," risking criminal and civil charges to assert public access to public land. As the episode unfolds, a local dispute grows into a national precedent, setting the future of millions of acres at stake.

Key Discussion Points & Insights

Discovery and the Allure of Elk Mountain (01:01–07:14)

• Hunter's Perspective:
  • Brad Cape, a fencing contractor and lifelong hunter, spots Wyoming's Elk Mountain on a map—an isolated peak promising prime hunting.
  • On arrival, a local tells Brad and his partner:

    “There's no way up there. A billionaire bought it, and he don't let nobody in.”
    (03:00, paraphrased from Brad Cape)

• First Glimpse of the Checkerboard:
  • Brad and his partner realize that the land is visually and legally divided—a "checkerboard" of public and private parcels.

    “When you look at that place on a map, it looks like a bunch of these little bitty squares... It's a checkerboard.”
    (04:21, Brad Cape)

What Is the Checkerboard? (04:32–06:02)

• Defining "Checkerboard" Land:
  • Large swaths of the West consist of alternating square-mile parcels of public and private land, a legacy of railroad-era land grants.
  • Access is restricted:

    “In the US there's no legal way to pass through private property without the landowner's permission. That's trespassing.”
    (05:50, Roman Mars)

The Problem of "Corner Locked" Public Land (06:16–07:06)

• Access Impossible for Most:
  • Public squares are surrounded on all sides by private property—accessible only “catty-corner.” This means much public land is effectively off-limits to the general public.
• The Hunter’s Dilemma and Temptation:
  • The inaccessibility makes public land more appealing for hunters. “That’s where I want to be.” (07:06, Brad Cape)

The Act of "Corner Crossing" (07:14–10:12)

• Strategy in Action:
  • To avoid trespassing, the hunters "corner cross"—moving diagonally from one public square to another, never setting foot on private land.
  • They encounter makeshift barriers (chains and T-posts), requiring gymnastic maneuvering to avoid private property.
• Hunting Success and Confrontation:
  • The group has a successful hunt but is soon confronted by Steve Grindy, the ranch manager, leading to an uneasy exchange:

    “You can't corner jump in Carbon county.”
    (11:27, Steve Grindy) “Just gonna have to go to the court and have them decide.”
    (11:40, Brad Cape)

The Historical Backdrop: How the Checkerboard Was Made (12:07–16:54)

• Origins in Railroad Expansion:
  • Federal policy (starting with Jefferson’s land surveys and accelerating with railroad grants after the Civil War) created checkerboard patterns for westward expansion and resource transport.
• Consequences:
  • Over 130 million acres given to railroads (more than New England, nearly the third-largest “state”).
  • The checkered pattern led to big ranches fencing off not just their parcels but adjacent public ones—leading to “range wars.”
  • The Unlawful Enclosures Act (1885) sought to stop private monopoly over public land, but its enforcement was limited and the checkerboard remains.

The Modern Legal Showdown (17:05–30:22)

• A Repeat Attempt, A New Solution:
  • A year later, the hunters return with a specially crafted ladder to avoid even touching private property.
• Escalating Conflict:
  • The ranch manager repeatedly involves law enforcement; eventually, the hunters are criminally charged for trespass.
• The Stakes Grow:
  • The hunters face up to six months in jail and hefty fines.
  • Owner Fred Eshelman, a wealthy executive, initiates a civil suit for alleged devaluation of his property—first demanded as much as $9 million, which the hunters find absurd:

    “If he wants my 2013 Silverado, I guess he can take it.”
    (29:58, Phil Yeomans) “That dollar amount was so outrageous... it just wasn't a realistic number.”
    (30:22, Brad Cape)

The Courtroom Battles and National Stakes (30:41–35:15)

• Legal Arguments:
  • The prosecution claims trespass happened by passing through “the air” above private land.

    “You own the airspace. How many of you knew that before you came here?”
    (31:50, prosecution, paraphrased)

  • Defense: The hunters stayed on public land, only accessing their rights as members of the public:

    “Just so private landowners can't take the public land... It's all of ours.”
    (32:23–32:36, Ryan Semirad, defense attorney)

• Public Outcry and Support:
  • News coverage brings national attention; advocacy groups rally behind the hunters.
  • The principle of public land access becomes the central theme:

    “It belongs to the public. Yeah, it belongs to everybody. And it shouldn't be monopolized.”
    (33:38–33:42, Phil Yeomans)

The Precedent-Setting Decision (35:15–39:39)

• The 10th Circuit Appeals Court Steps In:
  • The case becomes about access in six Western states, not just Wyoming.
• Arguments Heard:
  • Landowners (led by Eshelman) argue property lines must remain clear; permitting “corner crossing” would cause chaos.
  • Defense argues that Congress never intended the checkerboard to block public access.

    “I don't believe our Congress intended when... this checkerboard pattern was first made... to block the public.”
    (38:07, paraphrased from a judge)

• Victory for the Hunters and the Public:
  • The 10th Circuit rules in favor of the hunters:

    “Corner crossing is not a trespass in all six states.”
    (39:32, Ryan Semirad)

• Not the End Nationwide:
  • The Supreme Court declines to review, leaving clarity only in the 10th Circuit. In other regions, such as Montana (9th Circuit), the legal status remains murky.

Epilogue: Impact and Reflections (39:55–41:16)

• Personal Toll and Resolve:
  • The ordeal lasted four years, but the hunters express no regrets:

    “We didn't set out to do this…we just wanted to go hunt elk.”
    (40:53, Phil Yeomans) Would you ever corner cross again? “Absolutely.”
    (41:01, Phil Yeomans) Why go back? “I think because we can.”
    (41:16, Brad Cape)

Notable Quotes & Memorable Moments

• “It's a checkerboard.”
  — Brad Cape, explaining the strange map patterns, (04:31)
• “We just grabbed hold of the top of that T post and swung our feet around, you know, kind of doing a little ballerina…”
  — Phil Yeomans, describing the physical act of corner crossing, (08:33)
• “You can't corner jump in Carbon county. Period.”
  — Steve Grindy, ranch manager, (11:27)
• “It's such a simple concept. I got a six year old grandson, I could point this to him very simply...”
  — Brad Cape, on the principle of public access, (26:35)
• “That dollar amount was so outrageous…in the millions, it just wasn't a realistic number.”
  — Brad Cape, on the $9M lawsuit, (30:22)
• “Corner crossing is not a trespass in all six states.”
  — Ryan Semirad, announcing the court victory, (39:32)
• “You could never dream in a million years that you would end up here over something so simple as making one step.”
  — Brad Cape, reflecting on the journey, (40:42)

Key Timestamps

• 01:01–03:41 – Discovery of Elk Mountain and the lure of inaccessible land
• 04:21–06:02 – Introduction to the checkerboard, origin and obstacles
• 07:06–08:56 – The act of corner crossing described
• 12:07–16:54 – History of checkerboard lands in the West
• 17:11–22:10 – Repeat attempt, legal conflict begins
• 28:22–30:36 – Scope and seriousness of public land "corner locking"
• 31:32–33:52 – Criminal and civil trial; media attention grows
• 35:00–39:39 – Appeals process and 10th Circuit Court’s landmark decision
• 39:55–41:16 – Reflections on the fight, unresolved issues, and continuing personal resolve

Tone & Language

The episode combines Roman Mars' trademark measured and curious narration with the folksy frankness of the hunters and the procedural candor of the legal discussion. The tone moves from wonder and curiosity (in the hunting scenes) to history lesson, then to tense legal showdown, finally concluding on a bittersweet but hopeful note—a blend of pride, fatigue, and determination.

Final Thoughts

This episode of 99% Invisible transforms a seemingly obscure tale of four hunters and some Wyoming fences into a much larger story about American land, public rights, private power, and the persisting consequences of old design choices. It demonstrates how design—the literal drawing of boundary lines—can shape access, opportunity, and identity for generations. The "checkerboard" serves as a surprising lens on history, law, and the power of ordinary people to change the map.

For more stories about the hidden influence of design and policy, visit 99percentinvisible.org.