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[QUOTE=DHart;577938]Thanks for all of the input.
I really appreciate the post by jcb in regards to a ruling by Judge Shepherd.
But folks, here's the confusion, and bear with me, please.
Yesterday, I thought about checking to see what Ky Dept. of Fish and Wildlife had to say about this. They have an 800 number you can call with questions; didn't know that until I looked it up.
I was told that a property owner's rights extend to the "riverbed". I was told that I need permission to wade even if I enter the river from an adjoining public property and don't touch the shoreline going up or down river.
So I looked at a property map online (AcreValue, which requires you to sign up), and see that property lines stop at the river. Very confusing.
So now I wonder if KDFW is aware of the ruling posted by jcb.
I guess I will check with the property owner, if possible, in the area I want to wade. If that doesn't work, I'll just go down to the Burkesville landing. Heck, doing catch and release anyway, and just want to fish...[/QUOTE]
They're aware. At least they were when it was issued. I don't want to speak for KDFWR, but my guess is that they are being super cautious as an institution its size is likely to be. Limits their liability.
I'm not a lawyer, so I don't know if Shepherd's ruling make it "settled law" or not. That's one of the points I made earlier, is that waders like me still need to be aware that landowners may not be up-to-date (or even care at all) about what the latest court ruling may be. Where I wade I know pretty much all the property owners, so it's not an issue.
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Good point, jcb.
I am planning on wading an area I waded last year, and I talked to the property owner everyday from the river. He was on his back deck. I think if he had a problem with me being there, he would have said something, but it was friendly communication.
I'll just make sure this time.
Only problem I have ever had wading was in Michigan, fishing for salmon. I knew I had to stay in the river, but I leaned against the bank while standing in 3 ft of water. Owner came out and told me not to lean against his property, and made sure I saw his pistol in his holster.
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[QUOTE=DHart;577940]Good point, jcb.
I am planning on wading an area I waded last year, and I talked to the property owner everyday from the river. He was on his back deck. I think if he had a problem with me being there, he would have said something, but it was friendly communication.
I'll just make sure this time.
Only problem I have ever had wading was in Michigan, fishing for salmon. I knew I had to stay in the river, but I leaned against the bank while standing in 3 ft of water. Owner came out and told me not to lean against his property, and made sure I saw his pistol in his holster.[/QUOTE]
A friend took me once to the South Fork of Elkhorn to water I'd never fished. Got about 1/4 mile upstream and grandma came busting out of a trailer, no joke, to the sound of her pumping a shell into the chamber.
We quickly agreed her interpretation of wading rights was correct!
