Free lance river hunting in illinois

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Free lance river hunting in illinois

Postby WillFultz » Sat Mar 08, 2014 8:50 am

http://m.nationallawjournal.com/module/ ... 1388979350 Came across this article and thought I'd share. It seems as though the recent Federal Supreme Court ruling doesn't allow anyone other then the state to claim ownership of land underneath navigable waterways. I'm no lawyer but I think this means we are good to go on free lance hunting navigable waterways so long as we abide by other hunting regs...outside city limits, 100 yds away from houses or roads, etc.
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Re: Free lance river hunting in illinois

Postby luie b » Sat Mar 08, 2014 10:46 am

That's what I've always thought. I know landowners that owned ground that was dry along the river but is now underwater after the dam was built that say they have ownership of parts of the river. I don't see how that's possible.

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Re: Free lance river hunting in illinois

Postby KillerKowalski » Sat Mar 08, 2014 12:29 pm

The link isn't working for me.

Here http://www.oyez.org/cases/2010-2019/2011/2011_10_218 is the case brief and oral arguments from the case. Hunting in city limits already has been a past practice if ILDNR keeps issuing permits for controlled Canada hunts within limits. I still need to keep digging around, but looks like SCOTUS is using definition of "section by section" for what is navigable. Also, the equal footing doctrine http://en.wikipedia.org/wiki/Equal_footing is defined more. This decision does set precedence. Ironically, the U.S. filed an amicus brief in favor of the petitioner. Should be an enjoyable read to hear what they had to say. There is other cases mentioned that I can't locate right now (Montello and Utah v. U.S. (1933)). It seems that all water was navigable at the time of state inception unless otherwise stated. SCOTUS even mentioned Lewis and Clark journals in the opinion. But, it seems the nail in the coffin for hunters is that the it's still a state issue with no federal regulation that navigabitlity is "subject only to the federal government's powers over interstate and foreign commerce."

Not sure where this leaves us still. IL should make a point to clarify our waterways once and for all. Only if we all had the money to lobby and buy government.
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Re: Free lance river hunting in illinois

Postby WillFultz » Sun Mar 09, 2014 12:38 am

I got 5 on it
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Re: Free lance river hunting in illinois

Postby brickgw » Sun Mar 09, 2014 4:58 am

That would be nice to be able hunt a spot on you find on the river that somebody doesn't already "own". I heard that certain federal refuges are being opened up too...I'll be curious to see how this is really going to work.
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Re: Free lance river hunting in illinois

Postby KillerKowalski » Sun Mar 09, 2014 9:09 am

WillFultz wrote:I got 5 on it


The beer served you well last night I see. You can at least do 10.
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Re: Free lance river hunting in illinois

Postby WillFultz » Sun Mar 09, 2014 9:55 am

KillerKowalski wrote:
WillFultz wrote:I got 5 on it


The beer served you well last night I see. You can at least do 10.


My head hurts
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