11-13-2015, 03:05 AM
It happened last week. The ruling was made and took effect instantly.
Nothing at all has changed concerning private property in regards to this ruling. Private property is still private property, even the private property that lies beneath the water flowing over it.
All that happened is that the courts affirmed the easement for the public to the waters and their use. The public can now use the water ways and one of the ways they can do that is recreation, of which fishing is considered a part of. They can also use it for travel and commerce, all without landowner permission.
What they cannot do is to trespass on the non-streambed portion of private property. They must stay within the Ordinary High Water Mark, (OHWM). They must access the streambed from public property, like a bridge. Then they must stay in the streambed and must exit the streambed at a public access point.
So be nice, don't be obtuse, show respect to the landowners. If they challenge you be nice. Explain what happened, don't get loud or belligerent. If they call the police explain to the officer what the court ruled. If they tell you to leave you will have to chose between leaving or getting a ticket and fighting that in court.
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Nothing at all has changed concerning private property in regards to this ruling. Private property is still private property, even the private property that lies beneath the water flowing over it.
All that happened is that the courts affirmed the easement for the public to the waters and their use. The public can now use the water ways and one of the ways they can do that is recreation, of which fishing is considered a part of. They can also use it for travel and commerce, all without landowner permission.
What they cannot do is to trespass on the non-streambed portion of private property. They must stay within the Ordinary High Water Mark, (OHWM). They must access the streambed from public property, like a bridge. Then they must stay in the streambed and must exit the streambed at a public access point.
So be nice, don't be obtuse, show respect to the landowners. If they challenge you be nice. Explain what happened, don't get loud or belligerent. If they call the police explain to the officer what the court ruled. If they tell you to leave you will have to chose between leaving or getting a ticket and fighting that in court.
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