Backwater Trespassing Law...

Discussion in 'Waterfowl Hunting' started by bmason, Jan 20, 2013.

  1. bmason

    bmason 6 pointer

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    Whats the law?
     
  2. ril7572

    ril7572 Cyber-Hunter

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    Ky..
    Excuse me, I'll need some popcorn for this:rolleyes:
     
  3. mike_b

    mike_b 8 pointer

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    Ledbetter
    Uh oh... My understanding is that if you are in water and not tied to a tree on private property or a dock, you are ok in KY. KY recognizes legal temporary anchorage even if anchors are on private land. My understanding is that except for the Ohio and Mississippi there are no "main channels" and even then, these rules don't change when water is outside them. Now, that said, Ohio does not agree. Not sure where you are but across the Ohio river in OH they for NOT yet have case law supporting temporary anchorage for anything except fishing and pleasure boating.

    So in KY temporary anchorage is legal and that isn't infringing on riparian rights even when a river or stream is out of its normal channel. That's my understanding. Now anchoring and damaging land with your mud motor in 2" of water are different things. Just FYI. I have a post somewhere on here I link to an AAG for KDFWR talk about this on KY Afield radio.
     
  4. mike_b

    mike_b 8 pointer

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    Ledbetter
    To clarify the main channels of the Ohio and Mississippi and the land underneath is owned by KY not private individuals except for islands.
     
  5. Buford

    Buford 12 pointer

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    Zone 1 bachelor heaven
    When I used to hunt the Ohio above Louisville we operated under the rule that if we could navigate it it was huntable. Couldnt drop anchors but could hunt where the water went if we were in a boat. We were checked often and left to hunt by Greenjeans. Late apologies to the folks of Harrods Creek but boy it was good back before it all got built up. 24 feet was the only time the McAlpine pool got hot.
     
  6. snapdaddy

    snapdaddy 6 pointer

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    ky
    its flooded the landowner still owns it backwater can be used for travel not for hunting!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ITALL owns the Ohio I Own MY River
     
  7. bmason

    bmason 6 pointer

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    I'm with Mike_B. If its flooded...its fair game!:rolleyes:
     
    Bowfinger likes this.
  8. hiddentimber08

    hiddentimber08 6 pointer

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    BALLARD
    And your wrong, its not fair game. U can cross private property but not hunt private property without permission, if you touch ground or tree with boat, anchor, decoy weight then u are trespassing without permission. We deal with this every year when the backwater is out n ballard, iv personally ran off 7 groups of hunters in one day on one of our farms a few years ago, I no longer do this, I simply call the game warden and let him deal with it, we have everything posted with high water line signs. And you cannot cross the WMA when it is closed from OCt.15 to March 15 even when the water is up. Its always frusterating when the backwater comes up in ballard to be a private landowner because u constantly have to deal with people who are from out of town and have no idea where they are going and who ownes what and just take it upon themselves to set up and hunt whereever they want. We havent prosecuted anyone yet for trespassing but we will if necessary
     
  9. mike_b

    mike_b 8 pointer

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    Ledbetter
    Prove it by providing some shred of a citation or source. As I stated, search my posts for a link to the AAG discussing this. ALL of the KY river bottom is private property. We can hunt drop anchor etc. doesn't matter. KY courts have held that for recreation temporary anchorage is NOT trespass.

    You get into a grey area with boat touching bottom etc. but it isn't definitive either way except for portage, and that too has been held by KY courts to not be trespass. The WMA is a refuge zone, you're confusing federal and state laws which provide for restrictions on hunting. For example the entire river is off limits around the WMA. I hope someone grows balls and resists any ticket, landowners on the river need to read that common law of riparian rights being subordinate to the public's right of use. Rivers swell, shrink, grow and shift. I'm not advocating pissing off a landowner and ruining someone's hunt, but a floating leaf isn't owned by the landowner.

    Here's an old article you might want to read.
    http://somerset-kentucky.com/opinio...on-of-Kentucky-waterways/print?mobRedir=false
     
    Last edited: Jan 20, 2013
  10. mike_b

    mike_b 8 pointer

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    Ledbetter
    It's not my opinion, but my understanding of the law. KY doesn't define waterways by their high water marks etc. there are defined ends to private ownership of the OH and MS rivers, the land past those is public even if exposed in low water. When water is up, and you float on it, the surface is not owned by the landowner. In addition the KY courts have determined that public rights of use include temporary anchorage. My understanding is that this is a fully settled argument but some landowners persist. Tying to structure (tree,etc) on private land is different.
     
  11. STUMP-52

    STUMP-52 6 pointer

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    Last year we had a couple of guys that weren't members hunting on our club in the backwater. F&W was called. He met them at the landing next to the road where everybody puts in. Now him knowing the only place these guys could hunt was one public spot or private land, he asked them where they hunted since they had a few birds. They said on the public ground. The Man said " so if I call the check-in guy, you guys gonna be signed in right?" They then admitted to hunting on our club without permission. Needless to say they left with more papers than they arrived with. They were hunting backwater on our club which is illegal. They can cross it, but they can't hunt it.


    Sent from my home rotary phone!
     
  12. mike_b

    mike_b 8 pointer

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    Ledbetter
    This depends on, and I need to clarify my previous statements, if the backwater made your club part of a navigable stream. Or if the stream your club sit on is considered navigable. If both of those are true, it would probably be pretty easy to search Westlaw and show case law supporting that you can anchor out.

    As for hunting, they can always hunt.... even over your private club, if they are not anchored... navigable stream or not.

    The recordings from the 09/26/2010 KYAfield radio show seem gone. Here was the original announcement: http://fw.ky.gov/app/news/newsdetail.aspx?id=845
     
  13. B.M. Barrelcooker

    B.M. Barrelcooker 12 pointer

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    So Are you understanding this to mean temporary anchorage includes the right to "anchor decoys" also, essentially granting anyone the "right" to use someone elses property for their own purpose(not related to navigation) as their own?

    This would make it pointless to own land for hunting if it floods from a navigable stream. You can own the cow but everyone else is entitled to milk it just because the water came up.
     
  14. trapnfool

    trapnfool 6 pointer

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    webster county
    You can definitely tell which ones are landowners in this thread.
     

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