Trespassing Queston

[Guest]

I think any sane person would recognize that the Devil's Lake situation is unique and calls for a specific solution to those questions. If I were a judge, I would be inclined to tell the land owner, tough luck that was a risk you assumed by choosing to live in a lake bed. Although I think room could be made for a type of bouying off area's through a permit process. And Wake restrictions in some area's would need to be in place almost certainly.

When there is flood conditions on a MN lake, the lake can be closed to fishing altogether or they put restrictions on wakes and other actions to prevent erosion which isn't good for anyone.

[Ice9]

In many areas of the east coast land was deeded or granted under pre-Revolutionary War English law. Those laws favor landowners far more than the more recent and egalitarian American laws do (the navigable waterway and riparian freedoms we enjoy are almost unique in the world.) As a result landowners in certain situations do own the land under the water, usually the river water. Cases arose over anglers float-fishing large streams, including the James and Jackson Rivers in Virginia, where I come from. Event though these rivers are clearly navigable, and have fisheries regulated and maintained by the state, landowners who owned property on either side of the river were upheld in their right to prevent fishing in that stretch. The case of Chuck Kraft, a fishing guide I know, is a good example. Kraft used to fish the Jackson, which is a state-maintained and stocked trout stream, from a raft. He was detained by a landowner with a shotgun, arrested by Virginia Fish and Game officers, convicted of trespass, and lost the case on appeal to the Virginia Supreme Court. The case is not reviewable in federal court. The court didn't rule on what to do when a floating vessel approaches privately owned and posted land, but they suggested that anglers stop fishing and transit as soon as possible. One landowner strung barbed wire across the entire stream (it's over sixty yards across) and in another case on the James landowners on either side of the river created a barrier to boaters even though no individual owned property on both sides of the stream. Canoers from a club in Richmond damaged the barrier just to get past it--their cars were downstream--and were arrested. The case is pending. FLoods destroyed the barrier last spring. In a related event, one landowner who prosecuted paddlers and anglers had his home and outbuildings damaged in a flood and applied for and was granted federal assistance to rebuild. These cases are called King's Grant cases. Be thankful that our MN law is so clear.

Ice

[huskiesplayer15]

Great Topic, thanks for educating me too, glad to know i can go onto a dock to get my 6 inch exude worm wrapped around the pole now. Keep up great work guys.
best Fishes
Chris

[Jackpine Rob]

Basspastor: From your last two sentences, I don't you and I are that far apart.

Wall: The bedspring guy has been at it for years, and I highly doubt he will stop it - because he gets such delight and glee in his collection of "harvested" lures. His kids are long since gone - so at least no one is swimming around that thing....

[rockhardinmn]

I think there is a way to deal with anyone who may try to sit on your dock claiming that it is public once in the water . Pull it out then put it back and sit on it yourself do it fast enough and you can dump the dock jumper back into the public water

[Cliff Wagenbach]

You could also use a little reverse tactics!
Get in YOUR boat and cast LARGE daredevels at YOUR dock!
Cliff

[berfish]

I emailed the DNR on this and they told me that docks are private property and obviously the water around the docks is public.
bf

[Vickie]

Can you post the response you received from the DNR? Did you specifically ask if a person approaches from the lake/river either wading or by boat can he legally be on your dock or are they trespassing? This has been discussed here many times and the previous outcome has been that you CAN go on the dock if approached by the water.

Just trying to figure out what is right.

Thanks, Vickie

[sandman469ss]

Beerfish,

I've spoke with the DNR several times on different topics. I'll bet if you talked to 5 different people at the DNR on this topic, you'd end up with 5 different answers.

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Takin it easy! & if it’s easy, I’ll take it twice!

[berfish]

Hello Matt,
Docks are considered private property. The water is public.
You can
fish right next to a dock. You can cast lures next to a dock.
But the
dock itself is private property.
good luck
jim

James Abernathy
DNR Information Consultant
500 Lafayette Rd Box 40
St Paul Mn 55155
651-296-6157
1-888-646-6367
bf

[HeavyD]

Regarding the growing lakes in NE SD and ND: Alot of the land on the northern end of Waubay Lake in NE SD is owned by my aunt's family. Yep, dem Pollacks from Grenville Once the land was flooded and became part of the lake, it was gone. Not until the waters receed will that land be able to be reclaimed. Always funny to hear the local claims to ownership and land rights discussions after a few dozen cervezas in the tavern. Just as the land is always changing, so will the laws. That is the only thing that I am certain on.

The best battle I ever had on braided line was with a 125' section of bob's wire fence. Didn't give up 'til I had the whole works in the boat.

HeavyD

[sandman469ss]

HeavyD,
I had an incredible nort on the line at Waubay last year. Got it in the net and it went right out the bottom. Dam$ hole. Estimated it at 20+ lbs. Great fish. Going back again this year.

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Takin it easy! & if it’s easy, I’ll take it twice!

[G_man]

Interesting topic. Some confusing answers here. So can you cross a dock or not. If you just have hip boots on and you have to go out to 4-5' deep to walk around a dock, you don't probably want to.

[bturck]

Docks, boatlifts etc are by insurance definition conisdered private property, They fall under the category of "Appurtennet" structures, detached from the main dwelling. Coverage extends to them from the homeowners or seasonal policy. If they were public property, the extenstion of this coverage would not be available. Therefore exiting the water to access this dock for other than emergency purposes would be a violation of the Trespass Law. Bill

[Diggs]

So can you pass a dock in waders or not? I am really curious I fish from a tube in a lake that is privately owned all around except for a foot access from a public road. and someitmes I like to walk the wetside of the waters edge pulling my tube, after a hard day bassin. Some of the homeowners on my honey hole harass me, and make me get in my tube to go around their dock. So can I go right over?

[Spunky]

Diggs, Maybe you better just email the DNR with your question so you get the answer yourself. Just don't know sometimes what is right and what is wrong when reading the posts on this.

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Rip sum Lips

[russ]

Private structures cannot be placed in public waters as to block or impede travel. Go over the dock if you wish and deal with the owner if it's worth it. This is what those who know told me.

[The Bronco Kid]

Royalfish,

I know exactly what you are talking about and maybe even that same SD lake. I have fished a lake in SD where there was guy that was taking pot shots with his rifle at people ice fishing on what used to be his pasture. I believe he was fined and had to serve a small amount of time in the pen. In SD once the water touches state owned land then the public has the right use that body of water. Recently the SD Game, Fish, & Parks has done this. They usually try to work with the lanowner and try to compromise on size and limit regulations for that lake. In the SD hunting handbook it shows the public right away for hunting along roads. Once the water reaches into this right away then the public can access the water. If you know of a lake that you think you can get on because it is close to a road, I would call the city or county and find out what the public right away is for that area and then make the judgment or get out the tape measure.
Take care everyone and good luck this summer

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Here for all you mortgage needs!
Jess T. Kline
[email protected]

[marineman]

This is all pretty simple. A dock is private property and if you go on a dock without the owner's permission, you are trespassing. I don't think anyone putting a dock in a lake is intentionally trying to block someone's travel. The intent is not to block rather it is intended to provide a safe place to secure a boat.

[jlm]

I would think the law would be similar to fish houses in the Winter. You can't use someone else's fish house even though it is on public water. Same thing with a dock in my opinion. I am not saying I agree or not however. I would just leave the docks alone, there is too much time wasted arguing with the owners, you should be catching big ones! Good luck!

[SCUMFROG]

Ok, what if the city owns the land around the lake, and they also have public access to it. They told me i couldn't fish it. There are no signs that say no fishing I told them. They said the city owns the lake. I told them to read the DNR laws about water access. They kicked me out. Why can't I fish that lake?

[Guest]

It is possible it is a city ordanance. For example, in Sartell, it is against the law to skate on any frozen pond within the city limits. If it is an ordinance, they can keep you off of it.
What city and what lake are you talking about?

[SCUMFROG]

One of the Lebanon hills lakes in Eagan. If they don't want you to fish it then why don't they post it?

[fishin789]

acorrding to the dnr regs.
a stream or lake is lawfully accessible if there is public access, or if public land or a public road right-of-way abuts the surface of the water. or if you ahve permission to cross private land to reach the surface of the water.
so if this lake in eagan is in a park and is public land i can't see how they can tell you you can not fish it.unless they have some city regulation that states you can't fish it.now if you are talking about shultz lake in eagan i believe there is a sign at the beach that says no fishing. someone once told me that that lake it a rearing pond for the dnr. never found out if that is true or not though.

[russ]

Of course noone is intentionally trying to block anyone but they are putting an immovable object in public waters thus blocking the shoreline if someone wants to pass by on the public lake. Good Fishin'