Private land

_WW_

Geriatric Skagit Swinger
#16
While in Montana the last two weeks and fishing the Ruby with my brother, I took the opportunity to swing by Seyler Lane and piss on Cox-Kennedy's fence post... a rather childish act I admit, but it made me feel much better. I made sure I was turned away from the closed circuit camera system... stage fright ya know ;).
Let me get this straight. You pissed on a man's possession while it was on his property!
Well...there's a giant step backwards in landowner/fisherman relations.
At least you could have had the cajones to show 'em your face...
 

bennysbuddy

the sultan of swing
#17
Let me get this straight. You pissed on a man's possession while it was on his property!
Well...there's a giant step backwards in landowner/fisherman relations.
At least you could have had the cajones to show 'em your face...
so you left your DNA behind....
 

Vladimir Steblina

Retired Forester...now fishing instead of working
#18
And there are places such as the small river that flows at the end of my back yard in the small private community I live in where each property deed has a covenant clause providing a 50' easement from the water's edge for fishermen access. Thus, it is legal for fishermen to walk the bank to fish or go around obstructions when fishing. They just cannot park in my driveway, or walk up my driveway and the rest of my yard to get to the river. They must access the river from the WDFW public access 200 yrds downstream of my house, or at the public access site upstream near the hwy bridge.

I'm willing to bet that there are folks who live in this community that have never bothered to read their deed and see that there is that 50' easement from the water's edge for fishermen to access and use the river. It doesn't change the fact that it is included in each property owner's deed whose property borders the river. So if someone takes the time to find out about this little easement, he could challenge a property owner who says he is trespassing and would win in court because the easement is an ironclad permission in the legal deed to the property for fishermen to walk on the property up to 50' from the water's edge.

I'm sure there are many other places that have the same easement included in the deeds of the property owners.

Actually, I suspect that the Game Department PAID for that easement years ago. They need to post the rules on the access site. There are many rivers in this state where the Fish and Wildlife Department has allowed to fall in disuse and therefore lots of property owners that do NOT realize the restrictions on their property and the right of public access.....which the public bought and paid for years ago.
 
#19
I am also puzzled as to why they don't challenge the state laws. As you will note in the link I gave, kayakers were successfully prosecuted for touching the bottom on the Colorado River. There is no advocate for the public.....
 

Salmo_g

Well-Known Member
#20
So when kayaker touch the bottom of the Colorado River, which is private land, what is the penalty for the damage they must cause?
 

GAT

Dumbfounded
#22
As written in the Washington State Constitution:

SECTION 1 DECLARATION OF STATE OWNERSHIP. The state of Washington asserts its ownership to the beds and shores of all navigable waters in the state up to and including the line of ordinary high tide, in waters where the tide ebbs and flows, and up to and including the line of ordinary high water within the banks of all navigable rivers and lakes: Provided, that this section shall not be construed so as to debar any person from asserting his claim to vested rights in the courts of the state.

And when all else fails, this indicates that your Federal rights must be acknowledged:

SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme law of the land.
 

_WW_

Geriatric Skagit Swinger
#24
As written in the Washington State Constitution:

SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme law of the land.
Unless, of course, it involves marijuana. In which case the feds get the finger! :)
 

GAT

Dumbfounded
#26
Unless, of course, it involves marijuana. In which case the feds get the finger! :)
That's an interesting point. Of course the Washington Constitution was written far before any federal drug laws showed up and I wonder if the fed drug laws are actually in the US Constitution? I thought all States had to ratify any change to the US Constitution... I don't remember that happening.
 
#27
GAT, if you think the beaches are public land, be sure to take your lawyer with you on your next SRC trip. Most of the tidelands in the state are deeded to the landowner and they win trespassing convictions.
 
#28
Can someone tell me how the camp ground guy on the Nisqually River stops people from walking up river to fish the gravel bar that is in front of his property? You can wade to get there but if your caught there he threatens you with fines and even tries to kick you out of his property.. I don't wanna pay a day use fee for walking within the high water line... Is there away around this?
 

GAT

Dumbfounded
#30
I don't know how you would handle it in Washington but in Oregon, we tell the fellow to go ahead and call the sheriff, we'll wait. And by the way, we want the guy's name so we can look up his deed.

If the sheriff does show up, you ask if they are aware of the river rights in the State and the US? Ask if the local DA is aware of river rights. Then ask if they are giving you a citation as a law enforcement officer and not that they are bringing the charges and not just the land owner. How does the sheriff know what the guy's deed indicates? How does he know if the guy even owns the land? He doesn't.

Make sure you get the information from the guy who claims he owns the land and the river because you plan to fight the charges.

There was a land owner in Oregon that was threatening river users and claiming he owned the river and the river bottom. Someone checked his deed and nowhere in the deed did it indicate he owned the river. In fact, it indicated he only owned the land to the normal high water make and nothing below it.

Now... don't be confrontational. If anything, be very polite but call the guy's bluff and tell him to go ahead and call the sheriff. It would also be nice if he could provide a copy of his deed because after all, anyone can claim they own land they don't.