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baldrick #430145 12/24/15 03:14 PM
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You know, for all of the BS one has to put up with living in liberal weenie land Vermont, hunting and fishing access is not one of them. The State Constitution specifically says that "the lakes and rivers of Vt shall forever be free for fishing and fowling".

Mergus


Duckboats, decoys and double barrels...
ellenbr #430146 12/24/15 03:16 PM
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Originally Posted By: ellenbr
Yeah, Georgia was a Penal Colony with strong ties to British/13 Colonies law. Tidal areas can be tough. Typically high water, low water, thalweg & thread define a boundary within a creek/tributa Raimey
rse


Yeah and add in the questions of accretion and reliction and some odd results can come occur...Geo

baldrick #430148 12/24/15 03:25 PM
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Geo, I figured you would reply & say yes you were an outlaw?

Kind Regards/Cheers,

Raimey
rse

baldrick #430150 12/24/15 03:46 PM
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Surprised you with accretion and reliction didn't I...Geo

ellenbr #430163 12/24/15 05:23 PM
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Originally Posted By: ellenbr
Originally Posted By: Run With The Fox
must not be the SOP at DU HQ in Nashville-


Francis:

Is it that you meant Memphis and not Nashville?

Kind Regards/Cheers,

Raimey Yes-love both places, Memphis because of the history the late Nash Buckingham ascribed to it and the Peabody Hotel and Doug Stampers Cafe, and Nashville- Gruen Guitars- where I bought a used Martin HD-28 20 years ago--my first bluegrass guitar- a real "Steinway"--Thanks, my friend-
rse


"The field is the touchstone of the man"..
keith #430167 12/24/15 06:03 PM
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Originally Posted By: keith
Really? How is your private property any different than their private property? There are literally millions of acres of land that are closed to hunting or fishing. A lot of it is public land that supposedly belongs to all of us taxpayers. In most cases, access was permitted in the past and is now denied, whether by private owners, acts of Congress, or Presidential Executive Orders.

Larry Brown said that the rich people who bought the land bordering streams ought to know about the law. Obviously, they do, and they are trying to change it. Not saying I agree or am happy about that. But that's the way it is in most of the country.


Keith - land under water may be subject to public access based the public trust doctrine, which goes all the way back to Roman law. In MA, many rivers and all inter-tidal areas are subject to a public right of "fishing, fowling and navigation." The application of the public trust doctrine varies by state and is too complicated for a post here, but the basic point is that the use of waterways traversing private property is often treated differently than crossing uplands that are privately owned.

Merry Christmas!


Such a long, long time to be gone, and a short time to be there.
ellenbr #430175 12/24/15 07:29 PM
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Originally Posted By: ellenbr
Geo, I figured you would reply & say yes you were an outlaw?

Kind Regards/Cheers,

Raimey
rse


George would not have been allowed to settle Georgia in 1733 through 1755 as "Georgia was to be 'free from that pest and scourge of mankind called lawyers.' Oglethorpe and the Trustees detested them, believing each colonist was capable of pleading his own case"

baldrick #430180 12/24/15 09:10 PM
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Impressed indeed Geo. Merry Christmas Barrister.

Kind Regards/Cheers,

Raimey
rse

keith #430182 12/24/15 10:56 PM
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Originally Posted By: keith
Originally Posted By: Flintfan
Originally Posted By: old colonel

As for public access, I am selfishly for it


Being in favor of public access is by definition, unselfish.


So you guys are saying that all posted land should be open to public hunting and fishing, and private property rights, including your own, should be abolished???


I am not saying all posted land should be open. I believe in private property. I also believe in fishing access were navigable.

I am commenting on the public acces to navigable waterways as they are public byways. It was an arguement over closing stream access. Note i said navigable, all waterways are not navigable and therefore both the stream and the banks below max flood level are private property'. Here in Kansas most stream are not considered navigable and therefore are private. The few that are open, outside of the Missouri, were truly only canoe navigable. The legal argument here in Kansas was at onetime about whether canoeability was truly navigable for public right of way or not. It was determined here it is open.

Last edited by old colonel; 12/24/15 11:00 PM.

Michael Dittamo
Topeka, KS
baldrick #430183 12/24/15 11:03 PM
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The earlier part of this story, the firing of Donnell Thomas from writing for DU, was covered in this thread over on Upland Journal about a month ago: http://www.uplandjournal.com/cgi-bin/ikonboard312a/ikonboard.cgi?act=ST;f=3;t=95533

The entire thread is worth reading.

I did some legwork and found the offending article: http://www.outsidebozeman.com/magazine/archives/fall-2015/rift-runs-through-it

The article is even more worth reading.

This article is harsh, but it ran in a regular publication and doubtless was run by that publication's libel lawyers before it ran. I have little doubt the facts as stated are true - they wouldn't f'k with some rich bastard who litigates for pleasure otherwise.

There was some more background, synopsized in this article: http://www.startribune.com/popular-ducks-unlimited-columnist-runs-afoul-of-his-bosses/349127341/

I've tried to get on the Ruby to fish it, following the "rules". Turns out some of the property owners run electric fences to the bridge abutments, such that one trying to step from the public way directly into the water below the high-water mark can't quite stretch over the electric fence.

Petty crap, in other words.

This guy has spent a boatload of money on a judicial election. This, after repeatedly losing in the court where the election filled a seat. You don't get to be a billionaire by wasting money, and you don't spend money on elections without expecting - and usually getting - something you want in return. Still petty, but with more zeroes to the left of the decimal point.


fiery, dependable, occasionally transcendent
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