Technical Question

Alight, here is a question for all of you. Say a lake is surrounded by private land owning people except for a road that borders the lake on one end. There is about 150 yards that the road boards LakeShore. There is only about 10-15 feet of dry land before you hit water from the edge of the road. Here is my question. Is it legal to cross that 15 feet of road to get onto the water? My understanding of the law is that the county owns the first 30 feet of ditch and is public land and that all water in Minnesota is public land also. Can anyone tell me if this is correct and legal to cross? Thanks for any help!!

The question is it a county or township road, and if so most of what is called right-away is 33 feet from the center of the roadway. The land owner on the other side of the road may own the lakeshore?

Your best bet is go the the county court house and check land and zoning office.

I had the unpleasing task of stopping my father-in-law from taking his dog to the shore to poop, when we fished together. I had the DNR send him a letter (cause he’ld never beleave me!) that stated as long as you are in the water, and not on dry land, you are not tresspassing. He thought the state or fed. gov. owned the shorelines.

Someone owns the land the county built the road on. And it is their property, from the water to where the county road boundry starts. When a county road goes to the water’s edge, it is called an public access. Just my thoughts… Hawger

We had a similar situation on a lake near Hugo, Mn. The guy who lived nearby told us we could not acces the lake off of the road. We called the Sheriff who was more than happy to settle the dispute. Accessing the lake off the road, no problem. Parking was the problem.

Jon.

In light of this discussion, have any of you read in the las month about the growing problem of landowner’s claiming water ownership? It tends to be more of a river and bayou issue right now, but it’s beginning to spread all over the U.S.

Owners are suiting for exclusive water rights by claiming they own land under that water……………I forget the magazine, but it’s really an eye opener! We should keep an eye on it’s development before it becomes a problem in our backyard as well.

Jon,

I thought it was legal but I didn’t want to cross it until I was sure. Don’t want to be one of those people that make us all look bad. I called the CO and he said it is legal to do. Parking is not a big problem but that is something to get around. I think Jon and I might be talking about the same lake??!?!?!

I have had this same quetion. While out trout fishing SE MN trout streams a land owner call the DNR and they had come out to talk with me. I had gone under the barb wire the owner had across the water. The land owner had the right to do the barb wire thing but I had the right a long as I was in the water and hadn’t enter his land. From what the officer said is that a land owner can land lock water but they don’t own the water. So I had to ask about lakes. The reponce was if I could get to the water with out crossing private land or had permission from a landowner or from a leasee of the land I could access any water in the state. As far as ownership if the land completly raps around a lake the land and not the water is owners and the lake is owned by MN. This is due to the water tables under ground as well as above ground. This why the landowner can’t dump or pour anything into the water that may cause damage to the water’s ecosystem.

Jigger2001