Respecting private property

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

  1. daveypetey Active Member

    Posts: 274
    University District, Seattle, WA
    Ratings: +39 / 0
    While the document you provided is interesting to read, currently you will be ticketed or worse, as per the 2006 ruling cited in the article. Unless you are planning on taking the State of Washington past the court of appeals, it appears the current interpretation (wrong or right) of the law as of the 2006 ruling is that the OP can do as described above and can depend on the state to enforce it. You can argue with the land owner or arriving officer, but you will loose, at least initially and for the foreseeable future. Public trust doctrine is in no way limited to Washington State and most states face this issue with sportsmen and land owners.

    Sadly, sportsmen of principal rarely can stave off the wishes of men of means.
  2. Steve Saville Active Member

    Posts: 2,415
    Tacoma, WA
    Ratings: +289 / 1
    There is no offense intended but merely passing the bar exam does not mean that one has an adequate grasp of all points of law. Knowing what my daughter went through to become an attorney brings me great pride and I applaud anyone who accomplishes it. But that is why attorneys specialize. The laws of our state are very complicated and unless one is well versed in an area, basic knowledge is not adequate.

    I read the entire 32 pages of the piece noted and found that in conclusion there have been no real decisions other than the fact that the public has an inherent right to pass through and fish on the tidelands. As a property owner I can do only so much as in asking law breakers to leave if they violate one of the three acts noted. One would need knowledge of thoseto be certain they were within their rights to ask someone to leave.

    It goes back to the beginning. Post it as fishing by permission only and then let the individual know your expectations.
  3. daveypetey Active Member

    Posts: 274
    University District, Seattle, WA
    Ratings: +39 / 0
    Well unless a higher court has ruled differently in the interim, the upholding by arrest of the trespasser by the 2006 Washington State Court of Appeals does not agree with you.

    Until a court with higher authority rules differently, i.e. the State Supreme court makes a final interpretation of the issues presented in the document, the fact of the matter is you will be asked to do EXACTLY as the land owner wishes unless you are floating in the water. There is precedent. It happened. We may not like it but that is the current state of affairs.
  4. Steve Saville Active Member

    Posts: 2,415
    Tacoma, WA
    Ratings: +289 / 1
    I must be reading it incorrectly then because as I read it, the owner cannot violate the Public Trust Doctrane regardless of ownership. The Public has a right to transverse, fish, swim, and boat on all 2337 miles of Puget Sound coastline. That doesn't really sit well with me as I am a property owner however, I have already stated in this post as well as many others, that people come and go daily across our property and I have only asked two knucleheads to leave in all the years we have owned the land. I think you have to realize that this is an opinion in the Law Review and of course, everyone is entitled to an opinion. The Supreme Court of Washington did uphold the Public Trust Doctrane in 1987 re; Bainbridge Island.

    It is true that most people are unaware of this and many may be violating the spirit of the doctrane however the facts remain the same. The law enforcement will be left to the arresting officers to interpret the issue. Enough said by me on the subject.
  5. Ybsong Member

    Posts: 44
    Seattle, wa
    Ratings: +42 / 0
    On my beach, this will be a social exercise, not a legal one. If people exert their right to fish like jerks, I'll exert my right to throw rocks where they're casting.
    almostacatch and Adrian like this.
  6. Adrian Member

    Posts: 94
    Kingston, WA
    Ratings: +36 / 0
    Were you throwing rocks at me today??? Sure did seem like it out on the water today.
    Ybsong likes this.
  7. daveypetey Active Member

    Posts: 274
    University District, Seattle, WA
    Ratings: +39 / 0
    I think the point of the article was to critique the decision by the court of appeals. But I will not be the one to test it either. ;D