Re: trespassing


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Posted by miamiguy on March 06, 1997 at 12:50:07:

In Reply to: trespassing posted by miamiguy on February 26, 1997 at 14:00:07:

: on the Q of fishing a stream that runs thru
posted private land, a finding of navigability
looks crucial--even an ancient one, even if rivers
been altered by dams etc. F'rinstance, spose
there's a problem on certain tributaries of, say,
the Chattahoochee. Fishters would have a powerful
argument if history shows some commerce from
the ocean up the Oconee to the Hooch and then to...
how far up shall we say? Goshen Creek? What a
splendid spot that must have been for an Indian
trading post, where everything went in and out
by river. If the Corps of Engrs never declared
that route navigable, such a history would be very
favorable to such a declaration now. Navigability
is governed by a federal law,33 USC 403.Getting a
declaration, alas, takes more than just a couple
of phone calls. For an instructive example, use
your browser to look up the 11th US circuit
court of appeals opinion in Lykes Bros. vs US Army
Corps of Engrs., concerning navigability of
Fisheating Creek. You don't need a law degree to
understand it. Use Yahoo or Alta Vista to look up
Lawmarks. Click court opinions, click eleventh
circuit, click case search, enter Lykes and click
the search button. Federal law aside, hey, isn't
it a crime in Ga to point a gun at someone and
threaten to shoot?



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