Respecting private property

Discussion in 'Saltwater' started by Ybsong, Feb 1, 2013.

  1. Mike T

    Mike T Active Member

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    I should be more specific, my experience comes from Pierce County, South Kitsap and Mason County. One should learn how to use their County Assessor's page to find plat maps and legal descriptions. I did this for my career, but it's helped with researching beaches and access.
     
  2. Richard Torres

    Richard Torres Active Member

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    A few years back I believe Bob Triggs had someone produce this flyer for us to post on public beaches. This would be a good way to inform anyone who fishes on your property what the reg's are. Does anyone know if they are still available?
    IMG_1737 (2).jpg
     
  3. Mike T

    Mike T Active Member

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    Puget Sound Fly had some a few months ago, 253-472-2420.
     
  4. jwg

    jwg Active Member

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    I did find maps some years ago and virtually all shoreline between Tacoma and Seattle, aside from public parks, was privately owned tidelands.

    More generally the figures I find say 60% of puget sound tidelands are privately owned.

    I cannot find the maps I mentioned on the web anymore.

    Jay
     
  5. Rich Schager

    Rich Schager You should have been here yesterday...

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    I live in Mason County and have viewed (parcel searches online) tidal ownership maps of all the areas I fish. And yes, most tidal lands are privately owned, including a lot of areas where the land owner and the tidal owners are different people.

    Rich.
     
  6. Steve Saville

    Steve Saville Active Member

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    Bradley, you are spot on about beach property. The piece that my wife and I share with her sister and husband has been in the family since 1934. We own 150 feet of beach almost exactly between Dash Pt. State Park and the Dash Point Pier Park. If you have ever been there, you lnow there is a huge flat in the area and we own a huge piece of that flat as the mean low tide mark is about 300+ feet off our bulkhead. We've never marked it though I have contemplated doing the measurements just for curiosity sake. But, we have a flood of walkers every nice day from park to park and back again. Most people are very respectful so we don't care but as I said, there is always some knucklehead who has to take a leak and heads for the relative privacy of our bulkhead, Then is when I get spun up. The entire stretch between the parks is privately owned, by the way, but like us, most are considerate of the beach walkers. During Pink Salmon season, the owners get a bit fed up with the noisy people who leave their trash on the beach but I have rarely seen any one of them deny access. I sent a couple of guys packing last season because they were harassing two guys flyfishing from a boat just off shore. They were anchored on my property but doing no harm. That's pretty unacceptable as well. Anyone minding their own business does not need to be harassed by a couple of idiots.
     
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  7. wadin' boot

    wadin' boot Donny, you're out of your element...

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    Steve I'm sure those guys in the boat are thankful, that's a class act. Pretty much anytime i have been out in my Kayak fishing close to or in intertidal areas along private shore, I'll give the landowner a wave. If they don't wave back and look angry, I'll move on. Normally the landowner wants to talk about how things are going, and if you're excruciatingly polite sometimes they'll point you to a good spot or two.
     
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  8. Saltman

    Saltman "Just Fish!"

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    Peninsula Outfitters in Poulsbo still have some....


    la
     
  9. Jeff Dodd

    Jeff Dodd Active Member

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    I have a couple of the yellow signs left if anyone needs one.
     
  10. Bradley Miller

    Bradley Miller Dances with fish

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    Well: if you ever want to invite me to fish there I promise NOT to be an idiot or make my self any more of a nuisance than I am here at home. Which might not be saying much. Anyway; thanks for the input.
     
  11. Steve Saville

    Steve Saville Active Member

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    Beach fishing for Sea Run cutthroat is very sporadic because it is a sand flat but I have caught the there periodically, depending on the tide and resident coho are there as well as the larger migrating coho and chum in season. During the Pink run, about a million swim by so the fishing is great while it lasts. You do have to contend with the gear guys who seem to have migrated from the pier to the beach after seeing the fly fishermen doing so well. The pinks start around the first week of August. I'll be the old guy limping up and down the beach. Feel free to join me anytime.
     
  12. daveypetey

    daveypetey Active Member

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    Just talked (obviously in passing) with a lawyer at my work. He stated that you can dictate what behavior people do while on your property if you are giving permission to be there. This means you could post a by permission only sign, and when approached could limit their activities to fly fishing while they are on your property.

    Cheers.
     
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  13. Steve Saville

    Steve Saville Active Member

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    Okay. That sounds reasonable however the regulations apply, again, to the water, not the land. I believe you could request certain behavior on your property and post it but I also believe that you would be hard pressed to specify "flyfishing only." I'll ask my daughter, who just by coincidence , is an attorney. However, she has told me many times that all attorneys have specialties and so I would make damn sure if you plan on going to court on this at any time, that you find an attorney whose specialty lies in the correct area. You could wind up spending a lot of money on a suit that you might not be able to win.
     
  14. daveypetey

    daveypetey Active Member

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    My understanding is that this is pretty basic property/ownership law. He owns the land. He pays the taxes on it and pays to maintain it. He decides who can be standing on it at his discretion.
     
  15. Jason Rolfe

    Jason Rolfe Wanderer

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    I think this makes sense. It is not so much an issue of telling a person how to fish, but more an issue of telling a person what you expect of them while they are on your property. If they aren't going to follow your rules, then you are allowed to kick them off your property. It has nothing to do with the regulations, but with the fact that you can decide who gets to be there.

    J
     
  16. Steve Saville

    Steve Saville Active Member

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    I guess we will never know until someone tests it in court.
     
  17. Milt Roe

    Milt Roe Member

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    Public Trust Doctrine is the unresolved legal issue. I posted a link to a legal review of the issues a couple of years ago, probably could do a search and find it.
     
  18. daveypetey

    daveypetey Active Member

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    Spoke with a good friend who just passed the bar, so he is about as close to it gets at current interpretation on this issue here in WA. He stated that someone can limit access to their property to specific uses at their discretion. He went on to say that the only problem would be if they were not specific in who needed to seek permission and for what activity, and knowingly lapsed enforcement of his rules for his property. It could set a precedent that would make it hard to give someone a sentinel trespassing ticket for one activity vs another. That is to say if the OP states from the get go that only fly fisherman can access his property, his is within his rights, and such wishes will be enforced by local LE.

    This really is an issue of getting a ticket or worse on the first offense. It at the end of the day is the OP's land and he can be very specific as to what allows others to gain access to his property. The OP can ask anyone to leave for any reason at any time. If they do not, his next step would be to call the sheriff. After this the user of the OP's land leaves either way, likely with a ticket or worse, and if he returns he will definitely then be penalized per the local laws. That is the law.
     
  19. Milt Roe

    Milt Roe Member

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    Look, it is different on tidelands. The right to restict or otherwise limit public access may be different there. Tell your friend to research the issue. Public Trust Doctrine. And congratulations on passing the bar, but that does not grant the recipient universal knowledge on all points of the law. Google " tideland ownership in Washington" . It may not be as clear cut as you think.
     
  20. Milt Roe

    Milt Roe Member

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