Hunting Flooded Property? Legality

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Hunting Flooded Property? Legality

Postby Easttx » Wed Dec 11, 2013 10:50 pm

I am thinking of purchasing a tract of bottomland that has a large slough on it. There is a river that borders the property that sometimes gets out of its banks, (has happened several times this season), and floods into this slough. When this happens the slough is easily accessible by boat from the river. So my question is if a river or creek is out of its banks and is flooding private property are people allowed to hunt the flooded private property if they can get to it by boat?
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Re: Hunting Flooded Property? Legality

Postby MarkM » Thu Dec 12, 2013 8:23 am

Check in on this, it should be able to help you.


http://www.tpwd.state.tx.us/publication ... ndex.phtml


Edit: I see you are in Rusk, I got a buddy that lives a few miles south of you in Alto. Nice country out there.
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Re: Hunting Flooded Property? Legality

Postby Easttx » Thu Dec 12, 2013 10:03 am

MarkM wrote:Check in on this, it should be able to help you.


http://www.tpwd.state.tx.us/publication ... ndex.phtml


Edit: I see you are in Rusk, I got a buddy that lives a few miles south of you in Alto. Nice country out there.



Thanks. I actually read all of that last night and still don't know the answer. Very confusing as to what they consider a navigable waterway.
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Re: Hunting Flooded Property? Legality

Postby DuckhunterF250 » Thu Dec 12, 2013 10:37 am

I ran into this a couple years ago and almost got in a bind over it. the way the game warden explained it to me was in texas you can fish wherever the water goes but you cant have a firearm on anything privately owned, would be hard to get a ticket if the landowner doesn't have a no hunting sign up. the law use to be if you could get to it from a public boat ramp you could hunt it, not anymore. no firearms on private property.
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Re: Hunting Flooded Property? Legality

Postby Toledo » Thu Dec 12, 2013 11:00 am

The two statutes that you would be concerned with-

§ 62.002. HUNTING ON OR OVER CERTAIN SUBMERGED LAND.
(a) a person may not
hunt or take any wild animal or wild bird when the person is on or
over privately owned land that is:
(1) submerged under:
(A) public fresh water due to seasonal or
occasional innundation; or
(B) public salt water and located above the mean
high tide line of the Gulf of Mexico and its bays and estuaries;
AND
(2) conspicuously marked as privately owned by a sign
or signs that are substantially similar to the following:

POSTED. PRIVATE PROPERTY. NO HUNTING.
Last edited by Toledo on Thu Dec 12, 2013 11:52 am, edited 2 times in total.
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Re: Hunting Flooded Property? Legality

Postby Toledo » Thu Dec 12, 2013 11:50 am

Basically you need to Post it so that it can be seen above the water when it floods. I would use purple marks and signs both.

Fact- a lot of the game wardens don't know what they are talking about and "rumors" and "beliefs" get circulated that just aren't correct.

Now if your slough was the actual river in recent times then it might not be yours at all. It might still belong to the state and be 100% public regardless of water level. Fun stuff.

§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property of another without effective consent
AND he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint
marks on trees or posts on the property, provided that the marks
are:
(i) vertical lines of not less than eight
inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark
is not less than three feet from the ground or more than five feet
from the ground; and
(iii) placed at locations that are readily
visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other
than forest land; or
(E) the visible presence on the property of a
crop grown for human consumption that is under cultivation, in the
process of being harvested, or marketable if harvested at the time
of entry.
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Re: Hunting Flooded Property? Legality

Postby Easttx » Thu Dec 12, 2013 12:44 pm

Toledo wrote:The two statutes that you would be concerned with-

§ 62.002. HUNTING ON OR OVER CERTAIN SUBMERGED LAND.
(a) a person may not
hunt or take any wild animal or wild bird when the person is on or
over privately owned land that is:
(1) submerged under:
(A) public fresh water due to seasonal or
occasional innundation; or
(B) public salt water and located above the mean
high tide line of the Gulf of Mexico and its bays and estuaries;
AND
(2) conspicuously marked as privately owned by a sign
or signs that are substantially similar to the following:

POSTED. PRIVATE PROPERTY. NO HUNTING.

Thanks. Can you tell me where I can find this information.

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