Private land

Discussion in 'Fly Fishing Forum' started by 10incher, Jun 25, 2013.

  1. Flyborg

    Flyborg Active Member

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    That was aimed more at the douchebag landowners who think they can own a public resource. Of course, I'd never really consider lighting someones house on fire. *cough*
     
  2. Jim Wallace

    Jim Wallace Smells like low tide

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    Very informative thread! I learned here that, with few exceptions, in the state of WA, I have the legal right to wade up or down a streambed over private property as long as I stay within the MHWM.

    I didn't know that until I read it here. I'd always believed that if the landowner owned property on both sides of the stream and the streambed, then they could legally prevent anyone from wading the stream thru their property. Huh! Glad I was set straight. I know some places where I can go wade and fish now, that I thought were completely private before.
    Does this apply to creeks that are too small to float?
     
  3. Salmo_g

    Salmo_g Active Member

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    Jim,

    The unadjudicated rule of law is that if a stream is navigable in fact, it's navigable at law. Navigable in fact is found in federal case law to have meant the ability to float a saw log 8" diameter by 48" long, so that implies that the smallest of waterways are not navigable. Since LE often defers to landowners rather than public citizens perceived as trespassers, you could find yourself having to defend your case in court. Since few want the expense, and most, including the state, fear the uncertain outcome, hardly anyone ever presses the case. Don't expect any help from the State of WA.

    Sg
     
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  4. David Dalan

    David Dalan 69°19'15.35" N 18°44'22.74" E

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    Jim Salmo's spot on. On both counts. You can be legally correct, and it can still end up being expensive or a general pain in the ass.
     
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  5. Jim Wallace

    Jim Wallace Smells like low tide

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    Thanks David and Sg for the clarification and good advice.
     
  6. Old Man

    Old Man Just an Old Man

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    Are two threads on Private land. Couldn't these be put into one thread.
     

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