trespassing on public waters?

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trespassing on public waters?

Postby titangoober » Tue Sep 19, 2006 6:54 pm

a post on honeyhole says a judge in LA. has ruled that hunting , fishing, and recreational boating on navegat able waters in US is unlwfull.is this for real anyone hear of this? kg4yus check in to this.
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Postby kg4yus » Wed Sep 20, 2006 4:52 am

I read that, Seens like BS to me but who knows.
In DFlorida we have what is called Sovereign Waters, meaning you can hunt to the high water mark whether the high water mark is on private property or not, example...
Hurricanes raise the water level in the St. Johns, bringing the high water mark well into the Turkey Poacher's (Mr. Jones- S&N Outfitters) property, you can enter that property as long as you are in your boat, and do not step foot above the high water mark.

Last Season the same person named above attempted to file charges against for trespasssing with a firearm, I knew I was in the right. The FFWCC officer was completley clueless about Sovereign Water's and I had to prove my case in court. Needless to say Mr Jones had to pay all court costs and my missed pay from work. :thumbsup:
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Postby titangoober » Wed Sep 20, 2006 9:08 am

it seems that a lot of wld life officers in this area are completly oblivious to what is and what isnt high water marks.a few years ago jerry and i were hunting high water marks in my boat right on hog island . game warden came by said we were tresspasing i pointed out the high water mark on cyprus knee he said because of abnormale rain amounts that year that mark was not the normale mark. made us leave told us to meet him at boat ramp yea right i said and procceded to ocala forest to hunt for rest of the day. SURE COULD USE YOU FOR GAME WARDEN ROUND HERE. :thumbsup:
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Postby snipeshooter » Wed Sep 20, 2006 10:47 am

Over here on the river they will right you up if you are passed the normal high nwater mark. After the hurricanes last year the normal high water mark was no where near the shore line but the LEO's were running you off if you were up near the shoreline. There is also a law allowing the water managment districts to post the marshes they control out past the high water mark.
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Postby kg4yus » Wed Sep 20, 2006 2:32 pm

titangoober wrote: SURE COULD USE YOU FOR GAME WARDEN ROUND HERE.


The FFWCC just does not pay enough, thats why I've decided to go to county LEO, plus FFWCC Academy is 29 weeks and in Quincy (near Tallahassee) too long to be away from my family.
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Postby dRAkE_nutS » Tue May 22, 2007 8:53 pm

BUT-----
Does the high water mark count IF some of the land is dry or has dryed out over time???
say thers a lake
then a bunch of mud and a little bit of dry land
and you cross that and you hit a plantation----all inside hundred year flood mark....legal?

ps.---youd have to cross the dike the plantation owner put there illegally
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Postby snipeshooter » Wed May 23, 2007 9:43 am

I would say no. I say this because I work for a realestate company that has a piece of property that is like your description. They have title to the land under the water. When the water is high enough for boats to float over there is not a problem, but when there is no water and people try to acsess the same area they are ticketed for trespassing if they are on the land or the muddy bottom.
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Postby kg4yus » Wed May 23, 2007 3:10 pm

Sovereign Water Laws apply ONLY if the private Property is SUBMERGED.
if you have to exit your vessel to access the property than you are trespassing, if you have to cross a levy to access the property even if on the leeside of the levy is submerged your still trespassing.
Keep in mind that in Florida trespassing with a firearm is a FELONY.
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Postby mgoldschmidt » Wed May 23, 2007 6:57 pm

ironically, last week I spent over an hour on the phone with both Bervard co and Volusia county game wardens who patrol both counties/waterways. (St. Johns) I could type for hours about it, if your interested let me know. Ill share more.

there are many detailed laws and rights. And actually they benifit hunters even more that we realize.
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Postby dRAkE_nutS » Wed May 23, 2007 7:04 pm

but they put the dike there illegally
and
i could just ramp it with a go-devil without getting out.

but they cant own part of the lake-- thier property line stops at the water mark--------------right? :huh:
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Postby dRAkE_nutS » Wed May 23, 2007 7:10 pm

mgoldschmit-
yes i am interested i could get into some gooooood ducks-

any help appreciated.
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Postby kg4yus » Wed May 23, 2007 8:25 pm

dRAkE_nutS wrote:i could just ramp it with a go-devil without getting out.



Go for it, lest ye be caught and spend the rest of your days never being able to own a firearm again as a convicted felon. Your choice bubba :lol:

Seriously just because you would not have to "get out" your still crossing a private land boundary, it does not have to posted with signs either.
Just as cultivated fields are prima facia (meaning- in your face )that it is private property so is a dyke.

The fact that the dyke "may" have been put there illegally has nothing to do with it, whos to say it was not constructed during a severe drought so that when the water returned to the normal mean high water mark the property owner had more useable land, happens all the time in agricultural properties. And if is the case (agricultural) it is NOT illegal.

Seems to me your just spinning your wheels and asking for trouble,
which tends to be the norm when people have little knowledge of the law nor care to research the facts on their own.
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Postby snipeshooter » Thu May 24, 2007 10:57 am

No their property line may not end at the water. They do not own the water but they can own the land under the water and have to pay taxs on it. Ever here the old saying You may beat the rap but you aint going to beat the ride. You sure could mess up the rest of your hunting season real easy.
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Postby kg4yus » Thu May 24, 2007 3:34 pm

snipeshooter wrote:They do not own the water but they can own the land under the water and have to pay taxs on it..


Exactly I know all too well of paying taxes on submerged property.
And because its submerged the taxes are even higher :no:
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Postby dRAkE_nutS » Thu May 24, 2007 3:48 pm

i aint gonna do it if its illegal
i was told that it was legal
so i was just making sure but i guess its good thing i asked
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Postby mgoldschmidt » Sun May 27, 2007 8:58 am

best suggestion is to contact the local gamewarder or authorties about the area... cover you butt
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