Are You Trespassing?

Discussion in 'Fly Fishing Forum' started by LCnSac, Oct 15, 2013.

  1. FinLuver

    FinLuver Active Member

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    Just curious...

    Why are they considered "elitist" property owners?

    What if they decided to "get involved" against "us"?
    (oh wait...they already are)

    Just a friendly question from a fellow elitist fly fisher... ;)
     
  2. freestoneangler

    freestoneangler Not to be confused with Freestone

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    Elitist in the sense that they feel they have the right to keep the rest of us, from accessing our nations natural treasures. For example, Turner and Cox-Kennedy who (with full knowledge and intent) buy land in MT, one on the upper Ruby and one on the lower Ruby, both having traditional water access rights, then immediately start the action of denying access. Bad enough those with big money can buy up huge tracts of land and keep others from enjoying natural lakes, ponds, peaks, valleys, etc., simply because they are contained within the fence-line. But when it comes to navigable waters, I think that's bullshit.

    I simply do not support the idea of anyone restricting access to our nations lands and the rivers that are on them. That was and still is the rule of the homelands (England among others)... don't care to see that become the norm here in America. We almost bought the property on the BH river opposite Browns Bridge some years back. Never even considered not allowing folks to access that bank. If we had those issues, don't buy riverfront property...kinda of like saying I hate airplane noise, but chose to live at the end of SeaTac and then want aircraft operations stopped.
     
  3. GAT

    GAT Dumbfounded

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    They have decided to "get involved" against us. It started long, long ago when deeds were written in error. The deed indicated you bought the river along with the land... WRONG!

    I remember one gentleman went to war against us who claimed his deed indicated he owned a river in Oregon. We checked his deed. It indicated he DIDN'T own the river because of the Oregon and Federal River Rights. Somewhere along the way, he assumed he owned the river because he owned the land on both sides. WRONG!

    Some real estate agencies sell the property indicating that the buyer is also buying the river. This makes for a great way to sell the property but it is 100% incorrect.

    It's really quite simple. They own the property above the normal high water mark. They do not own the water nor the land below the river. It doesn't matter a ratz ass what is indicated in the deed when the deed is incorrect.

    The deed to my house and property may indicate I own the street in front of my house but it would be wrong if it did. Therefore, the deeds don't mean crap if they are written incorrectly.
     
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  4. Tony Polizzi

    Tony Polizzi Active Member

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  5. GAT

    GAT Dumbfounded

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    If the Washington State constitution doesn't address river rights, you'll need to fall back on the federal rights. Some States are violating those rights by restricting river users. It will take someone with enough money and time to sue the state and take the case all the way to the Supreme Court to change the errant laws. Colorado recently passed legislation that violates the federal river rights.

    No one has challenged it. States violate federal law all the time and it takes a lot of time and bucks to set the state straight. This has been going on for decades. The fact remains, no matter what a state comes up with, it can not over ride your federal rights.

    Only the Supreme Court can set it right. Our federal rights come first.
     
  6. _WW_

    _WW_ Geriatric Skagit Swinger

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    Hmmm...I'm wondering if I have a "federal right" to angle for fish that are not endangered?
     
  7. FinLuver

    FinLuver Active Member

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    What happens when the river meanders into the landowner's land??

    It has happened on the Santiam...ya know. ;)
     
  8. freestoneangler

    freestoneangler Not to be confused with Freestone

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    Pull up a lawn chair on your deck overlooking the river, waive to the nice fisherman enjoying his nations treasures and ask "how's the fishing today?" ;)
     
  9. PatrickH

    PatrickH Active Member

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    I was fly fishing here about a month ago and some guy comes walking down in full waders and a fly rod being a total dick telling me and my girlfriend to get off his land and asked me, if I was walking down the street and see someone with their garage door open, would I just walk inside, I said no.. His response was, well, this is the same thing, now get off my land..
    He was super rude as hell and threatening to get the sheriff.. He stood there with his hands on his hips waiting for us to pack all our gear and leave..
    My other friend was arguing with him saying that you can't own the river bank, but the guy insisted that he did..

    Looking at this image here, it doesn't look to be his land?
    Walking along the non colored edge by the water. He owns the property on both sides on the little creek run off area, whatever you call it, but I gained access to the non colored area from a friends property that they own. I told them about it and they rushed down there in a ATV to argue with the guy. They said the old man thinks he owns everything..
    Caught my first fish there with a fly within 15 minutes though. :rolleyes:
     

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  10. freestoneangler

    freestoneangler Not to be confused with Freestone

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    We had a similar situation years ago on the Green River making a hike downriver. He called the Sheriff who met us downriver at what use to be the "pumpkin patch hole/access" and started lecturing us about access. We stated that we were well within normal high-water marks and he said it did not matter. One of the guys in our group and TU club, who worked for the Corp of Engineers said, well as a matter of fact it does and if you would like to discuss this with my Bureau Chief, I can call him...he lives but a few minutes from here. I'm guessing the Sheriff must have known he was correct in principal because the discussion took a quick turn and he started asking how we did :D.
     
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  11. GAT

    GAT Dumbfounded

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    The deeds are the problem. They were written in error but that isn't our problem. You may have a deed that indicates you own the moon but it doesn't mean squat. However, if you'd like to buy the Brooklyn Bridge I'd be happy to sell you a deed that indicates that you do:)

    You must be aware that your federal river rights allow you to travel down a river and fish in the river and along the shoreline. You may not cross private property without permission to gain access to the river... same as a street or a highway.

    The best analogy is a roadway. You can use the road, stand on the road, walk down the street and stand on the curb, but you can't go wandering around in someone's front yard. You also can't drive your rig across someone's property (without permission) to gain access to the road or street.
     
  12. Teenage Entomologist

    Teenage Entomologist Gotta love the pteronarcys.

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    Heck yeah Patrick! I live in California and people own so much property, with good trout fishing. I was up near Chester, Ca, at my friends cabin, fishing for brookies in a remote meadow, when all of a sudden, a guy pulls up on an ATV.
    He says" you know damn well where the property line is!" There was no fence, or property line. I was just fishing for some wild trout, but people these days, so selfish.