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  1. #1
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    Oct 2009
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    Re: anyone know?

    Quote Originally Posted by Tim_T View Post
    Coombro, it is my understanding that there are no easements at Elkhorn, so the landowners own the stream bottom and while you can float through it, if your feet touch bottom you are tresspasing. KDFWR has a new program where they are negotiating landowner access in different areas and Elkhorn is one of them so access could be improving there. It doesn't seem right that someone can actually own the stream bottom but unfortunately they do.
    Yeah my deed reads to the middle of the Nolin river is my boundary and KWFD says you step out that boat even though your in the water your trespassing. Guess your not if waters deep enough you can't touch. After conversation with KWFD today you have no right to be able to portage around the obstacle man made or not. You only option's are to go over it or turn around and head back up stream. Then again if you step foot on said obstruction your trespassing? Go figure. Got to be a loop hole to this some where.

  2. #2
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    Re: anyone know?

    While I sympathize with you,I have an opinion from a landowners perspective.I grew up on a farm with a big creek and Licking river frontage.My dad always allowed people to fish,but bank fisherman threw so much trash around that he got tired of us cleaning up after them,we lost several geese to fishing line,bank fisherman weren't the only culprits.Boaters would throw their fair share of trash,overnight paddlers would camp on the banks and burn everything for firewood they could get their hands on.
    The way I see it,if I pay taxes on that property and have had past problems with boaters and fishermen,why should I put up with it?
    As a fellow fisherman I try to do my part to keep good relations with landowners,I have access to many places on private land that most people don't for this reason.I think I would check state statutes about obstacles in a river or creek to see what can legally be done.

  3. #3
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    Re: anyone know?

    Quote Originally Posted by kyfanatic View Post
    While I sympathize with you,I have an opinion from a landowners perspective.I grew up on a farm with a big creek and Licking river frontage.My dad always allowed people to fish,but bank fisherman threw so much trash around that he got tired of us cleaning up after them,we lost several geese to fishing line,bank fisherman weren't the only culprits.Boaters would throw their fair share of trash,overnight paddlers would camp on the banks and burn everything for firewood they could get their hands on.
    The way I see it,if I pay taxes on that property and have had past problems with boaters and fishermen,why should I put up with it?
    As a fellow fisherman I try to do my part to keep good relations with landowners,I have access to many places on private land that most people don't for this reason.I think I would check state statutes about obstacles in a river or creek to see what can legally be done.
    I couldn't agree with you more. I for one clean a 10 mile stretch of the Nolin river every summer. Tires I bet I've pulled out over 1,000 of them in the past 10 yrs. You name it and I've pulled it out of this river probably. People do take advantage and can ruin a good situation. You may have a good thought there on the state regulations as I have only been in touch with KWFD.

  4. #4
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    Re: anyone know?

    I didn't read through all the statutes in this section but here are 2 links to the statutes that would pertain to your situation,the 1st link is what I thought was the actual statute,the 2nd is a link to the whole section where you might find more info than my 1st link,Happy Reading =

    http://www.lrc.ky.gov/KRS/151-00/210.PDF

    http://www.lrc.ky.gov/KRS/151-00/CHAPTER.HTM

    You might look under chapter XII here for other laws as well
    http://www.lrc.ky.gov/krs/titles.htm
    Last edited by kyfanatic; 05-21-2011 at 08:23 AM.

  5. #5
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    Re: anyone know?

    Thanks kyfanatic, man there sure is a lot of stuff on those links!

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