Private land

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

  1. Flyborg

    Flyborg Active Member

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    So if an angler is legally open carrying, and legally fishing within the OHWM of a riverbed that is owned by a legally open carrying landowner, and they shoot each other, who is at fault?
     
  2. Peyton00

    Peyton00 Active Member

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    The fault lies on human nature, greed and ignorance. Or the parents of these people for raising their kids to end conflicts with violence.:D
     
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  3. DanielOcean

    DanielOcean Active Member

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    Man that is such bs. It is people like that that give good responsible firearm owners bad names. I am sorry you went through that.
     
  4. DanielOcean

    DanielOcean Active Member

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    I think that if they are both dead that is for God to decide. I want nothing to do with that.
     
  5. Jim Speaker

    Jim Speaker Active Member

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    I'm a full on supporter of unfettered constitutional rights. That idiot did nothing of the kind in my mind. In my opinion crazy f's like him are why there should more good, responsible and reasonable people packing heat, not less.
     
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  6. David Dalan

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

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    Ownership of the river bottom does not change your legal right to use the river below the MHWM. Not in WA or Oregon. And your story cracked me up.
     
  7. David Dalan

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

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    Here's hoping nobody here ever has to find out.

    I'm confident in the law, but I'm not getting shot for my right to fish. It's not fun. If it's not fun, I have other places to fish.

    FYI...back on the original topic...WDFW maintains a series of maps regarding lands they own. The "GoHunt" tool is twitchy, but reveals a lot of access. BLM has maps, National Parks, National forests, City Parks, County Parks, etc. Keep in mind some public owned land does have access restrictions. But FW and state parks covers a LOT of territory.
     
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  8. triploidjunkie

    triploidjunkie Active Member

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    I don't understand your post. Are threatening to firebomb my house because of my feeble attempt at humor? Damn!!(that was another feeble attempt at humor)
     
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  9. 10incher

    10incher Active Member

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    And to keep veering back toward the OP... In Ca. if a stream is fishable, but not accessible because of private land ownership, you can petition to force easement. Which works surprisingly often. I've made that threat a few times too. As in: "I can go through this stream or I can petition the court and walk across your yard next time."
     
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  10. DanielOcean

    DanielOcean Active Member

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    AMEN
     
  11. 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*
     
  12. 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?
     
  13. 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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  14. 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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  15. Jim Wallace

    Jim Wallace Smells like low tide.

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    Thanks David and Sg for the clarification and good advice.