10 private property? (Read 8393 times)
huskerwater
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private property?
Jan 15th, 2005 at 1:49am
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I've canoed many rivers over the years in Eastern Nebraska. I know that anyone has access to rivers to canoe as they are private propery, so long as you are not trasspassing in order to get there...

In this part of the country, it is most common to launch and land underneath the bridges of major highways/roads.

To my knowledge, all sandbars and islands on/in the river are part of the river and not private property.  You always see signs warning of private property on the shore line.  Where exactly does the boundry line start/end?  Is it the water's edge? Often times in the summer, the channel on the Platte and Elkhorn can move, leaving up to 100 yards from where the edge of the water had been, over dried up sand bars to where the river now is....

I was just wondering if any of you have had problems with land owners running you off when you were in this "grey area"?

I plan to do some canoeing on smaller rivers in western Iowa (Nishnabatna) and was wondering if smaller rivers such as these (only about 25 feet from bank to bank) are public access as well, or if you needed permission to paddle them?

I know you need to have good relations with property owners, and was wondering on advise on how to keep things on the positive side in this department.

thanks
  
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azalea
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Re: private property?
Reply #1 - Jan 15th, 2005 at 3:39am
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I suspect the law depends both on the river and the state.  I have heard stories about my great-grandfather whose property was bordered by a stream.  He and his neighbor on the other side of the stream had a running battle.  They would put debris in the river in an attempt to change its course.
The property line was the stream and if the stream changed, they ended up with more/less property dependng on how it changed.

I think you need to err on the side of respecting private property rights, especially of the owners have marked the property as such.  If unsure, assume it is private and move on.
  
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Beavers
Inukshuk
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Re: private property?
Reply #2 - Jan 15th, 2005 at 3:48am
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I read in the newspaper a while back of a property owner in Nebraska having a running fued with canoeists on the river going through his poperty (can't remember which river) He would string electric fence across the stream at both ends of the property and went as far as firing shots at passing canoes Angry  When the canoeists called the police he claimed to be shooting on his target range which just so happened to face the river ???  He stated in the newspaper that he was sick of all the trash left behind by the canoers.
  
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Inukshuk
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Re: private property?
Reply #3 - Jan 15th, 2005 at 8:46am
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I just found this on the Nebraska Game and Parks Commission site. "Remember: Only the water belongs to the state of Nebraska. The stream beds and all adjacent lands are the property of the landowner through which the water flows. Appreciate the fact that you have the privilege of using the waterway. Nebraska statutes give you the right to portage around fences and other obstructions; however you are responsible for any damage you may do.  You must have the landowner's permission to picnic or camp."  So I guess a landowner could chase you off a sandbar in the middle of the Platte since it is his property allthough that seems very unlikely ???  Loading under a bridge should not be a problem since that should be within the R.O.W. of the highway?? Should be about the same for most states??
  
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TwistTieCollector
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Re: private property?
Reply #4 - Jan 15th, 2005 at 1:30pm
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I used to live on a river in Wisconsin and there the rule is land that goes from the actual river's edge to the OHWM (Ordinary High Water Mark) is not directly owned by the property owner...it is public  property (although you can mow it and maintain it like it was yours).  Thus, on a flowing river, I could walk the shoreline between the OHWM and the actual waterline and not be trespassing.

My dad had told me it was a federal law, but looking at

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it seems it was just a state law.
  
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huskerwater
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Re: private property?
Reply #5 - Jan 15th, 2005 at 7:51pm
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Just found this on an Iowa Paddlers club's site... interesting... sounds like in Iowa, the "high water mark" law only applies to the lower portions of river where they become much larger...



"In Iowa, on those rivers designated as meandered (see list below), the state owns the stream bed up to the normal high water mark. On those designated as non-meandered, the state owns the water only, and the adjacent land owners own the stream bed.

It's often said that if you step out of your boat on a non-meandered river, technically you are trespassing. This may not be so, as this could be considered a part of "navigating" (see below). But it's never been tested in court.

There are (portions of) 13 interior rivers classified as meandered:

Cedar, lower 157 miles beginning near Cedar Falls
Des Moines, 278 miles, mouth to confluence of east & west forks
East Fork DM, mouth to north edge of Algona, 39 miles
West Fork DM, mouth to Emmetsburg, 44 miles
Iowa, lower 123 miles beginning west of Marengo
Maqouketa, lower 26 miles beginning near Maquoketa
Little Maquoketa, lower 2 miles
Nishnabotna, lower 6 miles
Raccoon, mouth to Dallas-Polk County line, 13 miles
Skunk, lower 61 miles (none of the South Skunk)
Turkey River, lower 58 miles beginning near Clermont
Upper Iowa River, lower 6 miles
Wapsipinicon, lower 98 miles beginning near Central City

"Meandered" is a surveyor's term going back to when the state was first surveyed.

The Iowa DNR has this to say about public waters: "Water occurring in any river, stream or creek having definite banks and bed with visible eveidence of the flow of water is declared to be public waters of the state of Iowa and subject to use by the public for navigation purposes in accordance with law".

Iowa further defines "navigable waters" as "all lakes, rivers and streams, which can support a vessel capable of carrying one or more persons during a total of six months period in one out of every ten years". The US Supreme Court has ruled that a stream may be navigable even if it contains some obstructions.

Where a public road crosses a stream, the road right-of-way extends across the stream and it's banks. You may encounter and cross a fence in the right-of-way, but, as with those encountered in a stream, do not damage it."
  
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BrownTrout01
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Re: private property?
Reply #6 - Apr 26th, 2006 at 7:44pm
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We have been told to leave the river or be arrested while standing in the water and trying to fish in southeastern Wisconsin. I asked the off-duty police officer employed as a security guard if he knew what a navigable waterway was, but my friends thought we should just go. Then found my car had a ticket in a well used parking area off of the road we have used for years. I suggest bringing a copy of the law for your state with you on small streams.

BT
  
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exdiver
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Re: private property?
Reply #7 - Apr 27th, 2006 at 11:01am
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From what I have been told here in Ky the water is public but the soil, including the stream bottom, is considered private property.
  
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cedarstripper
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Re: private property?
Reply #8 - Apr 27th, 2006 at 7:27pm
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In Ohio the water is public but the stream bed is private.  I found out the hard way while wading a small stream and arguing with a land owner who later in the discussion revealed a gun.  It was at that point that I was told to walk on water.  This somewhat irritated land owner followed me to my car which was over a mile upstream with a handgun at his side.  That was a long walk.  I stopped fishing there and also stopped arguing with strangers that day.  A law I will never forget.  Cedarstripper
  
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The_Beaver
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Re: private property?
Reply #9 - Apr 28th, 2006 at 8:53pm
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Quote:
We have been told to leave the river or be arrested while standing in the water and trying to fish in southeastern Wisconsin.
BT

Sheboygan River...Kohler by any chance?

The Beaver
  
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