Is it trespassing if you are in a boat?

Discussion in 'OKLAHOMA RIVERS TALK' started by daniel-delarosa, Jun 3, 2009.

  1. daniel-delarosa

    daniel-delarosa New Member

    Messages:
    392
    State:
    seminole, oklahoma
    If you were to get in a creek at a highway bridge and float to the next highway bridge in a boat, would you be trespassing on people's land?
     
  2. FLATHEAD STEVE

    FLATHEAD STEVE New Member

    Messages:
    1,772
    State:
    DESMOINES IOWA
    Not in Iowa. You should call your local game warden, DNR, Park ranger, ect. They should know, and also write down their name and number incase they say it's ok and someone tries to hassel you.
     

  3. stoney53

    stoney53 Well-Known Member

    Messages:
    1,377
    State:
    PA
    to the best of my knowledge no one owns waterways rivers creeks etc but i could be wrong
     
  4. Hoopie

    Hoopie New Member

    Messages:
    818
    State:
    Ohio
    In Ohio as long as you are on the water and not touching the land under it you are OK. As soon as you step out in the water you would be trespassing. Check with the local DNR to make sure.
     
  5. Poppa

    Poppa New Member

    Messages:
    1,233
    State:
    Pinson, Al
    Alabama is the same way. Piers are also private property.
     
  6. fox9988

    fox9988 Member

    Messages:
    164
    State:
    Lincoln,NW Arkansas
    Name:
    Forrest
    That's how I understand it in AR.The land under the water is private property,but not the water.
     
  7. Rohaus

    Rohaus Well-Known Member

    Messages:
    1,535
    State:
    Vilonia Ar
    That is my understanding for arkansas also.
     
  8. Pip

    Pip New Member

    Messages:
    1,670
    State:
    pa
    I've got a question that relates to this subject. i've never had to deal with it, but crossed my mind a couple times. If the land under the water is considered private property but the water is not. Would anchoring on that private property be considered traspassing? You know, dropping an anchor that touches the private land. Haven't a clue how that would pan out if push came to shove. I know thats probably getting nitpicky.
     
  9. Catpaw

    Catpaw Well-Known Member

    Messages:
    8,921
    State:
    Central Cail
    Name:
    James
    Pip aka Mike you answered your own question =It's still private property
     
  10. bedbug jr

    bedbug jr New Member

    Messages:
    1,084
    State:
    Missouri
    There was a time while fishing the Missouri River, that anchoring to any permanent structure-tree,wing dike, etc., on Kansas land was a definite no-no, but if you were tied to the pilings and had water behind you all was legal. The States finally got together and worked through it and now as long as you're in the boat it's all good. I guess the same would apply in this situation.
     
  11. recordbreakin1

    recordbreakin1 New Member

    Messages:
    746
    State:
    texas
    Its ok in texas as long as long as the creek or river has water in it all year long.SO if the creek dries up into hole then no you can't be on it.Best thing to do is check your local regulations and see every state is diffrent.
     
  12. melvin7000

    melvin7000 New Member

    Messages:
    17
    State:
    arkansas
    I have always heard that your license in AR allows you to fish on all navigable waterways. I also know that one of the pro's on the FLW tour in May at Beaver lake was shot at. Police were investigating but I never heard any more on the outcome.:eek:oooh:
     
  13. AwShucks

    AwShucks New Member

    Messages:
    4,532
    State:
    Guthrie, Oklaho
    I think the fault in your logic is that "bridge". We all know that the state/county/city or federal government got a right-of-way through a landowners holdings for the road. But, all that was obtained was the right of way. The landowner still owns the land to the centerline of the roadway, or if they owned land on both sides of the road, they own the complete area of land. So, by putting in at a bridge, you are technically trespassing on this land. It is the same thing as fishing off a bridge, thinking it belongs to the state and your not trespassing. But you are in fact guilty. If the land owner wanted to be unreasonable, the could have the local law enforcement agency cite you for trespassing. There is just not many ways you can get on the water without trespassing somewhere.
     
  14. unclebuncle

    unclebuncle New Member

    Messages:
    1,252
    State:
    Humboldt,K
    Definately cant do it in Kansas and its plainly stated in regs.
     
  15. skeetermagnet

    skeetermagnet New Member

    Messages:
    242
    State:
    Edmond, Oklahoma
    Once you are ON the water, then you are not trespassing. But Lawrence is right, getting TO the water is the hard part anymore. You can float any where you want but as soon as you touch land then you run the risk of trespassing.

    If you've ever floated the Illinois River in the east part of the state, especially the upper part, you will float through a lot of people's private land. You may even see their cattle by the river. You are alright as long as you keep floating but you can't get out there.
     
  16. tufffish

    tufffish New Member

    Messages:
    1,196
    State:
    Texas
    in texas, it is different in many states, the stream has to be listed as navigatible by the state. that does not mean if a boat will float down it, it means that the state must have it listed as navigatable. you can get a list from the capitol in austin. you may be able to look it up on the internet. i had asked a long time ago at the parks and wildlife dept. and they did not have it.
     
  17. Snakebite

    Snakebite New Member

    Messages:
    5
    State:
    Creek Co. , Oklahoma
    I do it on ODWC posted land quite often but never gave it any thought on highway bridges :confused2:. It probably varies in other states , contact the Oklahoma Dept. of Wildlife Conservation for a definate answer just to be on the safe side . Use Whistlers' sticky on Oklahoma State agencies to get the phone numbers you need .
    :0a26:
     
  18. DANZIG

    DANZIG New Member

    Messages:
    6,672
    State:
    West Virginia
    "I think the fault in your logic is that "bridge". We all know that the state/county/city or federal government got a right-of-way through a landowners holdings for the road. But, all that was obtained was the right of way."

    FYI
    In WV, the "average" two lane road has a right-of-way out to 15 ft either side of the center line.
    All (out of City limits) WV public roads are owned by the State. About the time of the "great depression" the State assumed "ownership" of all County roads.

    Not sure how, or if, this would affect the situation but there it is.
     
  19. rrssmith

    rrssmith New Member

    Messages:
    3,059
    State:
    Bakersfield
    I believe if it is a navigatable water way then you are free to go down it
     
  20. Poppa

    Poppa New Member

    Messages:
    1,233
    State:
    Pinson, Al
    We have a problem in Alabama on the Cahaba river off of 280. There
    is an old dam on the river probably from an old grist mill. This dam
    goes from bank to bank and the river flows over the top of the dam
    at a pretty good clip depending on the water level. People floating
    the river in jon boats, canoes, and kayaks have always portaged
    around the dam. This property has been made into a high class
    subdivision and now the new landowners will have you arrested for
    trespassing if you try to portage around the dam. The land owners
    have all but stopped float trips on that part of the river.