43 U.S.C. § 1063
Obstruction of settlement on or transit over public lands
No person, by force, threats, intimidation, or by any fencing or inclosing, or any other unlawful means, shall prevent or obstruct, or shall combine and confederate with others to prevent or obstruct, any person from peaceably entering upon or establishing a settlement or residence on any tract of public land subject to settlement or entry under the public land laws of the United States, or shall prevent or obstruct free passage or transit over or through the public lands: Provided, This section shall not be held to affect the right or title of persons, who have gone upon, improved, or occupied said lands under the land laws of the United States, claiming title thereto, in good faith.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1940–2025 · leading case: McGuire v. McGuire, 608 P.2d 1278 (Wyo. 1980).
McGuire v. McGuire, 608 P.2d 1278 (Wyo. 1980). “Section 3 of the Unlawful Enclosure of Public Lands Act ( 43 U.S.C. § 1063 prevents obstruction of free passage over public lands of the United States of America.”
Leo Sheep Co. v. United States, 440 U.S. 668 (1979). “322 , 43 U. S. C. § 1063 . The Government argues that the prohibitions of this Act should somehow be read to include the Leo Sheep Co.”
United States ex rel. Bergen v. Lawrence, 848 F.2d 1502 (10th Cir. 1988). “” 43 U.S.C. § 1063 (emphasis added). The district court relied on the emphasized clause in section 3 to conclude that the UIA prohibition against enclosing public lands was not limited to people.”
Iron Bar Holdings v. Cape, 131 F.4th 1153 (10th Cir. 2025). “Importantly, the UIA’s text makes plain in two ways that inclosure does not refer solely to physical fencing. First, § 1063 explicitly prohibits obstructing “transit over public lands .”
United States v. Mendelsohn, 32 F. Supp. 622 (D.N.J. 1940). “” 43 U.S.C.A. § 1063 . The indictment failed to show that the accused were not within the exception made in the proviso, and was challenged by demurrer.”
Iron Bar Holdings LLC v. Cape (D. Wyo. 2023). “] 43 U.S.C. § 1063 . It is undisputed that the locked chain that was installed between the steel posts by Plaintiff hung through the airspace over the adjoining public land of Sections 14 and 24.”
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