Was out doing some scouting for ducks on a local river last night and came across a bridge over the river on private property. It is very low to the water and am not able to get my boat past it. Anyone have any experience with something like this as to the legality of getting around it? Or is a guy SOL and that’s as far as you can go?
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Water Under The Bridge
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Tom SawvellInactivePosts: 9559August 22, 2018 at 9:25 am #1793053
I believe you have the right to portage around it as it is stopping navigation. Also if a navigable water way they cannot block it. So this is a question for your local DNR CO.
Mwal
TumaInactiveFarmington, MNPosts: 1403August 22, 2018 at 9:45 am #1793065I would go talk nicely to the owner first. Life will be easier in the future if you can develop a good relationship.
Tom SawvellInactivePosts: 9559August 22, 2018 at 9:53 am #1793069I was assuming that the bridge spanned the water from private property to private property. That in mind I’d start with the contact directly myself have a nice chat with the owner. If that is fruitless, then consider the DNR. If its a public water-way and the owner is faced with possibly having to lift or remove the structure they may just say go ahead and park along the road and have at it. If you approach the owner with the parking idea offer to leave a sheet of paper on the dash when there indicating that the vehicle is there by written permission only and clearly signed by the owner.
It sounds as though you have not been back there to hunt before with your reference to “scouting”. Contact in person is always the best first step and remember that your first appearance is a big factor. Don’t fire up a smoke or approach the owner smelling like you just left a saloon. Stay friendly regardless of how the discussion goes. If the DNR is a second choice I don’t think I’d plan on peaceful hunting unless the water takes you well past this property’s hang-up at the bridge and I’d also expect some issues by the portage around too if the roadway is in fact entirely on private property. One never knows how things like this will play out without that first contact and I’ve found that most people appreciate your stopping by in person since how you look and act can be the best selling points.
August 22, 2018 at 9:53 am #1793070When trout fishing walking down a stream, if a fallen tree is in your way and you step on private property… you are trespassing without the owner’s permission.
It’s a point of law.
August 22, 2018 at 10:10 am #1793076When trout fishing walking down a stream, if a fallen tree is in your way and you step on private property… you are trespassing without the owner’s permission.
It’s a point of law.
The rules vary depending on where you are (what state) and how the stream or body of water is classified (meandering or non-meandering).
Here in Iowa, unless the property along the trout stream is public, the stream bed under the water is also owned by the private landowner. One cannot even walk the stream with out permission of the landowner.This can make it difficult to hunt smaller rivers unless you are stickling floating downstream. Even if you are in a boat, you cannot drop an anchor with out trespassing. This includes decoy anchors as well.
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