Ky , Ohio river marina's

[ranger 99]

Help me understand how the marina's on the Ky. side have no trespassing, and how could they inforce this law? I understand that the property under water and the docks are owed by the property owner (marina). But the water that floats those docks could not be owed by the marina. I own property on 14 mile creek in Indiana, lets say you take canoe trip pass my house, you stay in your canoe, I can't do anything about that, until you get out of your canoe and touch bottom, then you are trespassing.
I guess in Prospect,kentucky you have a golden rule, whoevers got the gold, makes the rules.

[PRO V LE]

The Marinas have a lease with the COE that they pay to control a certain area of water for docks, etc. they have a right out so many feet from their docks to protect their patrons from damage. If you as a private landowner could get a said lease from the COE and pay the fee's you may be able to enforce that no fishing rule. It is up to each induvidual dock what their policy is based on their patron's wishes.

[ranger 99]

thanks for the info

[billm_usa1]

once you get into a marina you can't imagine all the water hoses and electric wires that are running around to service the boats. each of those slips runs wires to a central location where all the meters are located. Each of the wings are tied together with structure about 4/6 ft under the water. Next there are various huge concrete weights at various points up and down the dock that are connected to the docks by wire cable. No there are also gasoline and diesel lines running under the docks. With all that going on aound a marina then imagine your a diver having to service all that stuff and contend with broken hooks and fishing line in next to zero visibility.
Please stay away from the marinas there is a lot more going on under that dock then you would ever imagine.

[HURRICANEBOB]

Found this clip in KDFWR 2009 Fishing regs, page 8:
Q: May I fish around a dock or a marina?
A: It depends. Public marinas on U.S. Army Corps of Engineers
Lakes have contractual agreements that address lease space on public waters. The Corps presently allows the marina owners or operators to
post signs that prohibit fishing within 150 feet of their floating structures.
These agreements do not prohibit a person from fishing in their boat
rental slip. This policy does not apply to privately owned boat docks on Corps lakes.

Realize this is why say a Cland Jamestown can say no fishing around the marina, and the issue of cables, utilities, etc makes a world of sense to me.

Searched for more KAR or KRS, or COE, or USCG regs and just couldn't find something I could download and keep a copy of to keep me out of trouble on the Ohio. Anybody got a link to a reg where I can print a copy and keep in my skippers log?

I did find this....wow, wish I was a lawyer. Does this say what it looks like?

This will make you head hurt, it came from this link so you can read it all in context. http://www.waterencyclopedia.com/Re-...-Riparian.html

"It should be remembered that under common law, the riparian landowner's interests in the river's water was protected. Yet the common law did not provide much protection to streams as public resources. Other legal rules provided that flowing water belonged to the public and that states could not transfer certain public waters to private parties in violation of public trust . Although these rules put few limits on riparian rights concerning streams, some other legal rules restricted what a riparian landowner could do with a stream. The riparian controlled access to the stream, but could not admit an unlimited number of users nor let an unlimited amount of water be transferred elsewhere. Doing either would be considered "unreasonable" at the least. "

Not arguing, no contest here, just trying to find something I can hang onto.
(I mean-----besides a ticket from the KDFWR)

[ranger 99]

thanks again for the info. and sorry for the remark about Prospect ,Ky. if may offended someone. I will stay on my side of the river.