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baldrick #430104 12/24/15 09:58 AM
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Floating toothpick denotes navigability in some instances. Pandora's box where I can either deny or support you. If the banks are above the contour & water is low & a beaver dam is 1' above contour, you have zero access. Goes back to record law.
If you breach the beaver dam you are trespassing.

Kind Regards/Cheers,

Raimey
rse

ellenbr #430106 12/24/15 10:26 AM
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Originally Posted By: ellenbr
Floating toothpick denotes navigability in some instances. Pandora's box where I can either deny or support you. If the banks are above the contour & water is low & a beaver dam is 1' above contour, you have zero access. Goes back to record law.
If you breach the beaver dam you are trespassing.

Kind Regards/Cheers,

Raimey
rse


Raimey, please explain that part about the banks being above the contour, etc., more fully. Not sure I understand that.

Thanks, SRH


May God bless America and those who defend her.
keith #430109 12/24/15 10:50 AM
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Originally Posted By: keith



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???


Not even remotely similar to the situation in question. Mr. Brown explained it perfectly.


“I left long before daylight, alone but not lonely.”~Gordon Macquarrie
baldrick #430111 12/24/15 10:58 AM
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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.


Voting for anti-gun Democrats is dumber than giving treats to a dog that shits on a Persian Rug

baldrick #430112 12/24/15 11:06 AM
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Sure Stan. Look @ mark 219-300, there the bank is high and contour is very narrow. TVA is guaranteed a pool level say @ 556.33. Beaver dam is just 10 metres or so from the outlet. An impoundment was created in bowl form as WR761-A & is under the ownership of TVA via the law. Tract WR761 is a very high bluff, shear in nature beside which the river flows North. To my knowledge, this Tract XWR503 is one of 2 tracts(in all of conveyances in Wheeler) where TVA granted an easement to private ownership for access to their private property where the contour interval created an issue per the law.

Kind Regards/Cheers,

Raimey
rse

baldrick #430120 12/24/15 12:53 PM
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As much work as I put in helping start the local DU chapter and fund raising banquet over the years I'd have a hard time turning on them over firing a writer. I also worked alongside Jim Kennedy for GA DU and although he is certainly not a close friend I remember his long relationship with the organization at all local, State and National levels. He is a bonafide "big-wig" in DU.

His squabble with State access laws out West comes off as pretty callous greed to me. If DU did fire Dr. Thomas for criticizing Jim Kennedy in another magazine, I think they've lost the moral high ground in this situation and it'll probably hurt the organization...Geo

baldrick #430121 12/24/15 12:56 PM
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One South Ga plantation used to have a cable across a pretty good sized creek to prevent canoe access. People tested it and the cable came down...Geo

baldrick #430126 12/24/15 01:54 PM
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The law in Georgia regarding tidal creeks and rivers operate under a different (looser) standard than "navigable". Ownership of tidal waters (and not necessarily the entire bed) is in the state. It doesn't have to be declared "navigable' for public usage and passage. If a boat floats in it, it can be fished, crabbed or transited, but not necessarily be clammed or oysters gathered by the public. Years ago, then governor Jimmy Carter was told by "deputized" private wardens that he couldn't enter and fish Christmas Creek on Cumberland Island. Same thing happened at the Slough on Ossabaw. The landowners found out differently. In a conversation with a Long Islander, I was told that some property ownership there is based upon Dutch law with different rules than the English common law. For instance, a non-resident of a certain township had better not toss an anchor out in certain waters as that would constitute a trespass. Gil

baldrick #430133 12/24/15 02:30 PM
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Here is a clip from Virginia’s Constitution

Section 4. Right of the people to hunt, fish, and harvest game.
The people have a right to hunt, fish, and harvest game, subject to such regulations and restrictions as the General Assembly may prescribe by general law.

Last year fly fishing from my boat for Stripers around dock lights at night, 50 feet out casting to shadows beside a docks light line. Property owner called the police. Officer shows up and demands I leave a public waterway, Salt water clearly navigable not touching the dock or shore. Gave him a copy of the Virginia code and my fishing license He says fine then turns it into a equipment check all my safety gear. Found nothing wrong still insisted I leave, aggressively. Left and turned in a complaint to the police next day. Nothing done not even a reply.

I have fished that Cumberland Island spot property owners still harass sportsmen

More money the propery owner has more he thinks he owns even if he does not. This dumb guy could have cut his dock light off we would have moved to the next one. Saved us all a lot of aggravation. Now most dock light fishing I do is Monday Night, They are all watching football don't see us.

Boats


Last edited by Boats; 12/24/15 02:34 PM.
baldrick #430140 12/24/15 02:47 PM
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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/tributary.


Kind Regards/Cheers,

Raimey
rse

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