Tresspassing

Discussion in 'LOCAL KANSAS TALK' started by River Outlaw, Sep 21, 2009.

  1. River Outlaw

    River Outlaw New Member

    Messages:
    2,836
    State:
    Topeka, Kansas,
    was fishin the logjam with Mat, Leeland, & Tyler. we were ON the logjam when the cop told us to quit fishing and come up here. i was not tresspassing until he called us onto that land. he told me the next time im on that jam i will go to jail. the jam is IN the river so i am within my legal rights to be there. guess where i'll be tonight. i'll even have the paperwork to show the laws. of course, i will sit there and make em come get me like a protest.
     
  2. SWeiss

    SWeiss New Member

    Messages:
    751
    State:
    Pennsylvania
    Not sure how the law works there, but here in PA you would have been in the right.

    Now. If the cop SAW you on private property to gain access to the river, then he could get you. But if he didn't see you on dry land, well....
     

  3. River Outlaw

    River Outlaw New Member

    Messages:
    2,836
    State:
    Topeka, Kansas,
    that is exactly what happened. here in KS on a nav. river the public has the right to go from the river up to the high water mark.

    will this make me a fisherman's rights activist ?? :smile2:
     
  4. fmb

    fmb New Member

    Messages:
    1,735
    State:
    Nebraska
    u got to stand for something....why not fishing????

    hell I would pack that log jam full of friends and family....sounds like small town police justice to me...

    make sure to run some set lines and make em work to arrest you next time:smile2:
     
  5. kingkat82

    kingkat82 New Member

    Messages:
    45
    State:
    Central KS
    That's pretty bad to threaten a fisherman about fishing on the river.:angry::angry: Is it a "safety issue" or just trespassing? Props for standing up to total absurdity, JJ!!
     
  6. gilmafam

    gilmafam Well-Known Member

    Messages:
    5,466
    State:
    California
    With an update????
     
  7. Dsage

    Dsage Active Member

    Messages:
    2,137
    State:
    Topeka, Kansas
    If this is the log jam I'm thinking of how are they seeing you? Is the truck parked some where it should not be and that is tipping them off. Becasue if you are on the river and the truck is not to been seen then what is the problem with the cop and why is he coming down there in the first place? I would maybe contact the Fish and Game up on the hill and talk to them they might be able to point you in a good direction even give you some contact info on a higher level.
     
  8. 257bob

    257bob New Member

    Messages:
    1,751
    State:
    Salina, Kansas
    I'm just curious did you tresspass to get to the logjam?
     
  9. whiteriver

    whiteriver New Member

    Messages:
    617
    State:
    in
    ]

    I agree, there is something you are not telling us. And that is more detail. We are all behind you if you are in the right, and some of us even if you are not. :beat_brick:
     
  10. DANZIG

    DANZIG New Member

    Messages:
    6,672
    State:
    West Virginia
    (Teenage years) Me and the crew were out in the boat anchored on a little sand bar near the one bank of the Gdotte R, enjoying several adult beverages (and other things) and watching some kids on the other bank swimming and swinging off a rope.

    Johnny law comes down over where the kids are and takes to hollering that we should come over.. "no sir I don't think we can do that!" LOL !
    We invite him to hop in and swim over,,, This does not please him much and we exchange nasty words for a bit. After 15 min or so, it is getting to be a real buzzkill so we up anchor and float away.

    I had never seen a face turn that shade of purple!:smile2::smile2:

    I was sure we had not seen the last of him, 'spected he would run the numbers and meet me at the house at least.

    But not to worry, he must have had better things to do, or perhaps the top of his head exploded as we rounded the bend out of sight,,, I never found out. :big_smile:
     
  11. SWeiss

    SWeiss New Member

    Messages:
    751
    State:
    Pennsylvania
    LOL.

    Hey Thorr. Next time the cop tells you to "come here", tell him that he is standing on private property and that you would need permission of the land owner first. Explain to him you have to only obey a lawful command, and by following his orders you would end up trespassing thereby breaking the law.

    Hey, if you're gonna follow the letter of the law, then follow it to a "T", right? :smile2::smile2:
     
  12. ks-limb-liner

    ks-limb-liner New Member

    Messages:
    61
    State:
    Wichita, Kansas
    Jason, what river are we talking about?
    There are only 3 rivers in Kansas that are federal water ways,
    Arkansas, Big Blue, and the Missouri.
    For federal waters it reads that you have to stay with-in 25 feet of the water line during normal flow. (I own almost a mile stretch of the Arkansas river and I'm not sure how high up that is)
    All others are privately own, If the river is the property line then each farmer owns to the middle. Same with hunting, if a road is the property line, both property owners own to the middle of the road.
     
  13. SWeiss

    SWeiss New Member

    Messages:
    751
    State:
    Pennsylvania
    Really? You sure about that?
     
  14. GrandpaGoneFishing

    GrandpaGoneFishing New Member

    Messages:
    1,569
    State:
    Linn Valley, Ks
    I believe there is a law in Kansas. That you can be arrested for resisting an unlawful arrest.
    And I thought that all waters other than fed. belonged to the state. We really need to recruit some game wardens to help settle these things.
    Jason were all behind you buddy.
     
  15. Flootie16

    Flootie16 New Member

    Messages:
    1,268
    State:
    Indiana
    sounds to me like your just gonna piss off the cop and he will find something else to get you for if he can
     
  16. DANZIG

    DANZIG New Member

    Messages:
    6,672
    State:
    West Virginia
    The laws on this kind of thing are a mess. Fed law says one thing, State often another.

    It really needs to be hashed out one way, or the other.

    I support going with Fed law, on account of it just makes things simple for everyone to understand and allows access to State and Federal resources for all.
     
  17. DANZIG

    DANZIG New Member

    Messages:
    6,672
    State:
    West Virginia
  18. ks-limb-liner

    ks-limb-liner New Member

    Messages:
    61
    State:
    Wichita, Kansas
    thats what was quoted to me, I've had to call game wardens 3 times for tresspasser's (all 3 times, they were hunting) I had friends fishing and they didn't need to be on my land with high powered rifles.
    Now of course that doesn't include property around lakes or any land posted as Plubic.
     
  19. dafin

    dafin New Member

    Messages:
    1,461
    State:
    Manhattan,Kan
    The three navigable rivers in Kansas are the Kansas, Arkansas, and Missouri.All other streams are owned by the land owners.This has been to court in the past and been upheld as law. The federal law came from a history of trade on the waterways. Most streams in Kansas do not have that history.If you cross private land to get to the river you are trespassing.
     
  20. ks-limb-liner

    ks-limb-liner New Member

    Messages:
    61
    State:
    Wichita, Kansas
    I stand corrected, your right, forgot the Kansas river, knew the big blue didn't sound right.