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I planned to wade the river around Burkesville soon, and I don't want to trespass on private property. If I am in the water (both feet), and not touching the shore out of water, would I be OK?
I would be entering the water at a public access, by the way.
Thanks.
[QUOTE=DHart;577923]I planned to wade the river around Burkesville soon, and I don't want to trespass on private property. If I am in the water (both feet), and not touching the shore out of water, would I be OK?
I would be entering the water at a public access, by the way.
Thanks.[/QUOTE]
As long as you stay in the water and don’t climb on land you are ok. Water is owned by the state.
[QUOTE=DHart;577923]I planned to wade the river around Burkesville soon, and I don't want to trespass on private property. If I am in the water (both feet), and not touching the shore out of water, would I be OK?
I would be entering the water at a public access, by the way.
Thanks.[/QUOTE]
On the south side of the 61 bridge there is a spot people drive down and if the river is low you can walk out and fish. Its directly across from Traces. If you want to go fishing let me know. We'll be in a boat though if that's ok. I caught 5 nice rainbow and a Brookie this afternoon.
Thank you both very much!
I thought that was the case, but it always good to check if not for sure. gforcetrivers, thanks for the offer...much appreciated. Let me see how the planning goes, and I'll be in touch.
[QUOTE=wags;577924]As long as you stay in the water and don’t climb on land you are ok. Water is owned by the state.[/QUOTE]
i am pretty sure the WATER is public, the LAND is private. you can float any waterway you want, i do not believe you can walk any waterway you want. i wouldn't think it would be an issue though.
[QUOTE=robertdilbert;577927]i am pretty sure the WATER is public, the LAND is private. you can float any waterway you want, i do not believe you can walk any waterway you want. i wouldn't think it would be an issue though.[/QUOTE]
I know in Idaho you have to stay below the high water mark of streams, other places I think in Indiana you own to the middle of the stream. So yes its good to check.
A general rule is that the land owner owns the land, the state owns the water. Therefore floating/drifting or boating is not trespassing. Wading, effectively walking on private land under state water, can be considered trespassing. If you’re floating in a kayak and you hop out to portage, the moment your foot hits the ground can be considered trespassing. I’ve heard the same is true if you anchor (never a good idea on the CR). Think of a property that becomes flooded, the owner still owns the land underneath the water, but not the water. It’s the same principle as jumping the farmers fence to put your canoe in his/her pond. Always best to get permission.
[QUOTE=ON3 3Y3D WILLI3;577929]A general rule is that the land owner owns the land, the state owns the water. Therefore floating/drifting or boating is not trespassing. Wading, effectively walking on private land under state water, can be considered trespassing. If you’re floating in a kayak and you hop out to portage, the moment your foot hits the ground can be considered trespassing. I’ve heard the same is true if you anchor (never a good idea on the CR). Think of a property that becomes flooded, the owner still owns the land underneath the water, but not the water. It’s the same principle as jumping the farmers fence to put your canoe in his/her pond. Always best to get permission.[/QUOTE]
This is exactly the way I was always told...water public...stream bead under the water private. Floating on public water no problem. Feet on the ground wading and you need permission from land owner.
[QUOTE=R19;577930]This is exactly the way I was always told...water public...stream bead under the water private. Floating on public water no problem. Feet on the ground wading and you need permission from land owner.
[/QUOTEhttps://www.americanwhitewater.org/content/Wiki/access:ky?
I guess I own property to the middle of the river! I see that on my plat or deed though.
[url]http://www.bluegrasswildwater.org/bwaforum/read.php?5,15547,15575[/url]
[QUOTE=jcb;577933][url]http://www.bluegrasswildwater.org/bwaforum/read.php?5,15547,15575[/url][/QUOTE]
That is good to know............I believe I had that ******* come out and tell me he could shoot me for trespassing, when I was wading Elkhorn creek so many years ago.
I stopped wading it due to the threat........
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...