Backwater Trespassing Law...

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

  1. Who cares. The water is dropping like the Louisville cards in the AP top 25 and season goes out tomorrow.
     
  2. B.M. Barrelcooker

    B.M. Barrelcooker 12 pointer

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    What did we ever decide about this?
     
  3. FOWLER2671

    FOWLER2671 12 pointer

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    I maintain that it's easier to get forgivness then permission...

    I jut need a silencer n the shotgun
     
  4. caveman12

    caveman12 Spike

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    If you make the choice to hunt backwater that is over private property, you also make the choice to pay a trespassing fine, be arrested for trespassing and then pay a trespassing fine, or hire an attorney and fight it out. I'm not speaking for the entire state, but I am speaking for the MS River counties. Please ask yourself if it is "worth it". If you want to "research" cases, may I suggest District Court cases in those counties where repeat trespassers are banned by the court in that county from ever hunting that county again. Another source for research would be the defense attorneys in those counties. Landowner rights WILL be protected. The argument of the laws never being truly tested is somewhat valid, and you may think you are the person that can contest it and win. If you are that person, and you do win, then more power to you
     
  5. swampking

    swampking 6 pointer

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    Its called respect for other people and their property! To me hunting someones property just because it is flooded is disrespectful.
     
  6. fcfishking

    fcfishking 8 pointer

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    Went to a seminar held in Louisville a few years ago that was held by the US Dept of Fish & Wildlife about this very same issue. Ohio River floods all the time and lots of folks hunt the backwater. It was explained to us by the Fed's there, that it IS legal to hunt the backwater of the Ohio River during flooding. However, the caveat was what constitutes "hunting". The biggest key was that you could not tie off to a tree or log, could not drop an anchor to the bottom, you could not get out of the boat and walk on the land or in shallow water, decoys could not have anchors that touched the bottom, and your dog had to be in swimming water the entire time. Once you made contact with permanent land, trees, etc, you were no longer hunting "backwater" but trespassing. If you shoot a duck, and it lands in shallow water or up on the bank, you are bound by "wanton waste" laws to retrieve it, but once your foot hits the ground, you are trespassing. It basically came down to the guy telling everyone that it was best to stay off of the private property backwater and hunt the main channels. Very interesting seminar and opened people's eyes.
     
  7. FOWLER2671

    FOWLER2671 12 pointer

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    Translation is that Bridgeman and his style of sneakboat hunting is legal anywhere in private backwater.
     
  8. mike_b

    mike_b 8 pointer

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    Ledbetter
    Do everyone a favor. Put your money where your mouth is. Go get a copy of some of these cases and post 'em up. And thanks for offering since everyone always refers to all the cases of people being fined hunting backwater. Please make sure it's backwater cases not just walk in trespassing.

    Yes, property rights. Which are subordinate to the public right of use in backwater situations on the MS or OH. It isn't a binary thing where you can say the water over private land is itself private. But there is some point where it becomes trespassing.
     
  9. mike_b

    mike_b 8 pointer

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    Ledbetter
    Sometimes bridgeman takes a cookie and coffee break. Some on here argue emphatically that this is illegal since either he or his boat touches land. They should call the cops on him.
     
  10. smashdn

    smashdn 12 pointer

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    Ordinary high water mark at work in that situation right?
     
  11. mike_b

    mike_b 8 pointer

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    Ledbetter
    Kind of a grey area but I'd be cautious. Tidal high waters some state supreme courts have held that high water mark is purely public land, even in your property line (e.g. Walking on the beach). No clue about the MS or OH but property lines should run to the low water mark. Other inland rivers it is the thread of the stream.
     
  12. B.M. Barrelcooker

    B.M. Barrelcooker 12 pointer

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  13. mmayes

    mmayes 12 pointer

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    I think we will just have to argue it another 14 pages worth.

    Mayes
     
  14. smashdn

    smashdn 12 pointer

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    Bridgeman is golden as long as he doesn't pull ashore for coffee and cookies. Whizz in the bailer so as not to run afoul of johnny law.
     
    Last edited: Sep 4, 2014
  15. caveman12

    caveman12 Spike

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    mike,
    I didn't intend for my post to be cocky or threatening. I have always found threats to be quite boring. I don't have time to post examples. My post was my futile attempt to ask that landowner rights be respected, and what one's options are going to be once they make that choice. I am talking about backwater in boats. I assure you it will be enforced.


    Regards,

    KDFWR Unit 111
     

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