Trespassing and anchoring in a river

Discussion in 'LOCAL OHIO TALK' started by Capt_Culver, Aug 7, 2007.

  1. Capt_Culver

    Capt_Culver Member

    Messages:
    53
    State:
    Ohio
    I am a duck hunter first and foremost. A couple of years ago, the following rule was written into the season regulations.

    Hunting From Boats on Rivers
    Written permission of the landowner is required by persons hunting from boats on rivers and streams when the boat is anchored, tied to the shore, or tied to any structure in the river. It is unlawful to place decoys in the river or to go ashore to retrieve game without the written permission of the landowner. The only exception to this law is when the river or stream passes through public property where hunting is allowed.

    The same can be applied to people anchoring in rivers for fishing purposes. Have any of you expierenced any problems with game wardens or the county sheriff for anchoring your boat in the middle of the river? I have always thought that the river system of the state was held in trust for the people of that state as a public travel system up to and including the high water mark. The state now claims that all land under the rivers in this state are that of the private owner who borders the river system to the middle of the river. Therefore, setting an anchor, tieing off to deadfall, (etc) is tresspassing.

    This reg set off a flurry of debates and arguments once written in the hunting community. How do you feel about it?
     
  2. postbeetle

    postbeetle New Member

    Messages:
    6,598
    State:
    Iowa
    In this state the landowner has the title to his half of the river
    bed. If he owns on both sides it is his unless thru a state or governnment facility.
     

  3. metalman

    metalman Well-Known Member

    Messages:
    3,463
    State:
    IN
    Name:
    Winston
    They'll never take me alive...W
     
  4. GoFish_Tony

    GoFish_Tony New Member

    Messages:
    600
    State:
    Big Rock, IL
    I believe that in Illinois, "navigable" waters are available to public use unless otherwise specified and posted.

    My dictionary defines Navigable as; "Deep or wide enough to provide passage for vessels." (A vessel could be anything from the "Queen Mary" to a Kayak.)

    While I will always try to respect a landowners property and rights, I would be shocked to find that they could hoard a river.

    I would be interested to learn if there is anybody that is actively trying to preserve our rights to fish.

    _
     
  5. AwShucks

    AwShucks New Member

    Messages:
    4,532
    State:
    Guthrie, Oklaho
    As I have posted before, I believe that is the correct interpretation of federal law, and state laws generally coincide with federal law. Seems as though a federal judge in New Orleans ruled land owners owned the rights to the Mississippi river, and as such you needed their permission to fish on the river. An appeal was filed, but I have never heard the outcome of the appeal. If it applies to the Mississippi, all of us are in trouble.
     
  6. Mark J

    Mark J New Member

    Messages:
    9,407
    State:
    Four Oaks, NC
    You'll first need to look up the Riapary laws of Ohio.
     
  7. x smokin joe

    x smokin joe Well-Known Member

    Messages:
    2,180
    State:
    Monclova,
    Name:
    Joe
  8. x smokin joe

    x smokin joe Well-Known Member

    Messages:
    2,180
    State:
    Monclova,
    Name:
    Joe
    Just got off the phone with dnr. You can be prosecuted if you anchor in any river or stream in ohio where the land on each side is privately owned. They made this change in the laws so they can tax the land owner more.
     
  9. GoFish_Tony

    GoFish_Tony New Member

    Messages:
    600
    State:
    Big Rock, IL
    Hmmm... seems to me like they are making the laws fit their own needs here. Why would this only be considered trespassing if they are anchored? That's like me walking through your house at night, but I'm not trespassing unless I sit on your toilet?

    Seems to me like all those barges (as well as all of us boaters) are trespassing on those homeowners legal property. You better believe if I found out I was going to be paying taxes on my half of the Ohio River that I would have myself a Toll both installed!

    This legislation is messed up!

    I wonder what Big George (katfshn50) would do?

    Big George for President!
    _
     
  10. loanwizard

    loanwizard Well-Known Member

    Messages:
    3,297
    State:
    Coshocton,
    What if I anchor on Joe Smiths property but let out 100 feet of line and end up with my sinker and bait on Jebediah Andersons property. Can Joe Smith call the law on me even though I am effectively fishing Jebediahs place? Can Jebediah Say anything if I am bobber fishing as nothing I have is touching his property?

    Sheesh!
     
  11. catfishrollo

    catfishrollo New Member

    Messages:
    6,894
    State:
    Ohio
    the smiths are very understanding people, but the anderson's ...do what you want, but thats kinda like dealing with the hatfields and mccoys!!!! lol better have your stuff together for that one shawn. lol:smile2::eek:oooh:
     
  12. baitshop 2

    baitshop 2 New Member

    Messages:
    169
    State:
    georgia
    that sounds like a buch of gov bs to me i thought the water ways are the property of the people if i owned both sides of the river and try to put a dam across it they would have also if i even wanted to cut the trees within 25 feet of a creek they can fine me this is a buch of

    gov.....bs......:angry:
     
  13. BIG GEORGE

    BIG GEORGE New Member

    Messages:
    10,362
    State:
    JOISY
    We elected these morons and its up to us to keep an eye on em. I know that this does not exhist in my state. However they manage to jam it up the old chute in other ways. My advice. Fish on and never let em take ya alive!
     
  14. Mark J

    Mark J New Member

    Messages:
    9,407
    State:
    Four Oaks, NC
    What you are seeing aren't new laws. These laws have existed since before we had 50 states. Riapary laws were some of the first laws written in this country.
    What you are seeing and about to see is those laws being tested as the population continues to grow and less land is available for that growth.

    Ohio is posturing for what is around the corner. Laws to back up laws. You'll have to defeat every state law and the federal laws before you can declare victory.

    If you havent taken the time. Take the time to read the federal riapary laws and the state's you live in.
    I think they are fairly written.
     
  15. GoFish_Tony

    GoFish_Tony New Member

    Messages:
    600
    State:
    Big Rock, IL
    Mark I respect you, and think your a pretty smart guy... but... are you making this word up? LOL!
    :big_smile:

    I've done some searching around for anything close to this word and come up with zilch!

    Point me in the right direction please.

    Tony
    _
     
  16. Mark J

    Mark J New Member

    Messages:
    9,407
    State:
    Four Oaks, NC
    Tony, thanks for pointing that out. I was spelling it incorrectly.
    Its a strange word.
    Try RIPARIAN, riparian law, etc on google.

    Sorry for misleading you.
     
  17. BIG GEORGE

    BIG GEORGE New Member

    Messages:
    10,362
    State:
    JOISY
    Stop the presses! Call in all troops! Tighten the perimeter! Mark made an error. Will we ever be able to recover? LOL!
     
  18. postbeetle

    postbeetle New Member

    Messages:
    6,598
    State:
    Iowa
    Your calculator brain made a funny MarkJ. Now I know that at least I am close to normal.
     
  19. Moose1

    Moose1 New Member

    Messages:
    574
    State:
    STEUB, OHIO

    my high dollar mouth ps said you can own the land , but u can't own moveing water. so fish but do not drop,or tie up on their land.
    hold in place with your motor.
    your not touching the land owners land are you .
    happy fishing
    elwood:wink:
     
  20. Capt_Culver

    Capt_Culver Member

    Messages:
    53
    State:
    Ohio