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A few years ago i was run off from fishing the tocoia (excuse the spelling) at Dial because the landowner had both sides of the river.The kicker was the stocking truck put in trout off that bridge,in effect stocking for their private use. I complained to a state rep.but i don't know if anything changed.Would you assure me that it has?
Tommy Hunter
04-07-99, 12:13 AM
Keg,
I think the Toccoa is considered navigable in that area so you could fish it as long as you don't leave the river. I have a friend that has about a mile of the river in that area (owns both sides). He says he can't keep people from fishing as long as they stay in the river, but he can keep them from reaching it through his property. They have to wade from upstream, which due to the depth, is tough to do. Interestingly, he says they used to let people access the river through their land, but because of trash left and trails worn through their crop fields they stopped it. I have seen stocking trucks stock trout on private land that was not on a navigable stream though. Not going to say where or by which hatchery. I assume someone there had a friend.
Tommy
NightOwl
04-08-99, 01:36 PM
Aren't bridges considered State ROW's ???
Tommy Hunter
04-08-99, 02:26 PM
NO,
Sometimes yes. But in a lot of rural areas, the state (or in most cases county) only got an easement from property owners to build the roads not right-of-way. That is the case where SR 197 crosses the Soque River. In such cases the property is still private.
Tommy
Tommy,
The state buys the land for these roads. Can't remember what it is called but when the land is needed by the state they take it from you with comphensation. This is how resivors and road widening prodjects get done. They do 3 estimates I believe and take the one in the middle. With the purchase of this land, the government has right away on the roads and bridges. Easements are only granted with the permission of the property owner, I would be shocked if the government went this rought.
Shawn
Tommy Hunter
04-08-99, 08:14 PM
Shawn,
I don't want to turn this into a forum on civil engineering, but believe me, right-of-way is not always taken. In rural areas it is not uncommon to have only easements. Even now here in Gwinnett County, we have several roads (some dirt, many paved) that do not have right-of-way. The centerline of the road is the property line. I know because I have negotiated easements often. By the way, the taking of property with proper compensation is called condemnation. For a fact SR 197 over the Soque River is on easements not right-of-way.
Tommy
Thanks Tommy,no one has been able to tell me for sure that the Toccoca is a nav. stream.
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