Re: trespassing

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Posted by Laurence Hohlden on March 06, 1997 at 17:21:11:

In Reply to: Re: trespassing posted by miamiguy on March 06, 1997 at 12:50:07:

: : 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?

My experience in N. that private property is private. There are no recognized navigatable waater that would allow transit. If some one owns one side of the rive they own it to the middle line. Along Soque significaant stretches are owned entirely. They throw a lot of money at their monster fish and would understandably be upset at some one merely wading through their cash crop. On nthe other hand many land owners aren't managing their fishery, and if they don't post it I don't give it much thought, except to stay in the stream and not annow any one..

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