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Legal Question - Creek Trespassing
#1373781
06/21/15 04:18 PM
06/21/15 04:18 PM
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Joined: Sep 2009
Posts: 6,239
somewhere around 112.
slippinlipjr
OP
I make Calds fer a livin
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OP
I make Calds fer a livin
Joined: Sep 2009
Posts: 6,239
somewhere around 112.
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I and a few other folks have hunting property on a pretty good sized creek. We are having problems with folks parking at the bridge on the highway and walking up the creek swimming, drinking, leaving trash, etc. What are the waterway laws in Alabama pertaining to this? This creek is knee deep in most parts and you could walk up the creek for 10 miles if you wanted to.
Ctrl+C, Ctrl+V, Ctrl+Z
thesharkguard.com
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Re: Legal Question - Creek Trespassing
[Re: slippinlipjr]
#1373803
06/21/15 04:37 PM
06/21/15 04:37 PM
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Joined: Feb 2002
Posts: 44,211
North Alabama
Wiley Coyote
Freak of Nature
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Freak of Nature
Joined: Feb 2002
Posts: 44,211
North Alabama
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About half way down the page.......non-navigable waters
http://www.americanwhitewater.org/content/Wiki/access:al
You have to put up posted signs just as if it were dry land. If the land owner only owns one side of the creek then he owns to the center of the creek.
Last edited by Wiley Coyote; 06/21/15 04:38 PM.
I firmly believe that a double gallows should be constructed on the East Lawn of The White House. Politicians who willfully and shamelessly violate their oath to uphold and defend the Constitution of the United States of America should be swiftly tried and, upon conviction, publicly hanged at sunup the day after conviction. If multiple convicts are to be hanged they can choose with whom to share the gallows or names shall be drawn from the hangman's hat to be hanged 2 at a time.
NRA Life Member
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Re: Legal Question - Creek Trespassing
[Re: slippinlipjr]
#1374079
06/22/15 05:41 AM
06/22/15 05:41 AM
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Joined: Mar 2007
Posts: 807
northeast al.
Shed Master
6 point
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6 point
Joined: Mar 2007
Posts: 807
northeast al.
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I was told you could wade and fish or swim all you wanted as long as you stayed in water. If you got out on land it became trespassing.
Just what I was told so don't hold it to me.
IT'S NEVER OVER
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Re: Legal Question - Creek Trespassing
[Re: slippinlipjr]
#1374084
06/22/15 05:45 AM
06/22/15 05:45 AM
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Joined: Aug 2014
Posts: 20,087
Northport, AL
GomerPyle
Impatient Stinky Britches Wearin’ Off-Roadin’ Guru
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Impatient Stinky Britches Wearin’ Off-Roadin’ Guru
Joined: Aug 2014
Posts: 20,087
Northport, AL
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also, in many cases, you can float but cannot anchor or tie off.
but yes "navigable" does not necessarily mean "just because it's physically possible to get there"
There are 3 certainties in an uncertain world:
1. All Politicians Are Liars
2. All Gun Laws Are an Infringement
3. Taxation Is Theft
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Re: Legal Question - Creek Trespassing
[Re: GomerPyle]
#1374106
06/22/15 06:08 AM
06/22/15 06:08 AM
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Joined: Feb 2013
Posts: 201
Southeast AL
Boxhauler
4 point
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4 point
Joined: Feb 2013
Posts: 201
Southeast AL
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It has to do with "Title" navigability. NOT "Tidal"
The Lands division of Alabama has a list of navigable waterways.
Also Alabama chose a different standard than the Federal government. Feds use the "High water mark".
Alabama uses the "Low water mark" for ripperian rights.
Lots of legal issues around this subject.
Last edited by Boxhauler; 06/22/15 06:13 AM.
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Re: Legal Question - Creek Trespassing
[Re: slippinlipjr]
#1374196
06/22/15 08:38 AM
06/22/15 08:38 AM
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Joined: Oct 2007
Posts: 2,264
Cantonment FL
wareagle22
8 point
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8 point
Joined: Oct 2007
Posts: 2,264
Cantonment FL
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The GW in Escambia County told our club that the public has the right to "float" the creek through our club but if they get out of whatever they are in, they are trespassing. No wading of the creek at all. We have a good sized creek that borders our club and we've had problems with it for years. We don't bother the folks if they are just floating the creek and get out on a sandbar on our side to rest or eat or whatever, but the camping out and stuff gotta go.
Fatal Attraxion Custom Calls
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Re: Legal Question - Creek Trespassing
[Re: wareagle22]
#1374216
06/22/15 09:03 AM
06/22/15 09:03 AM
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Joined: Feb 2002
Posts: 44,211
North Alabama
Wiley Coyote
Freak of Nature
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Freak of Nature
Joined: Feb 2002
Posts: 44,211
North Alabama
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The GW in Escambia County told our club that the public has the right to "float" the creek through our club but if they get out of whatever they are in, they are trespassing. No wading of the creek at all. We have a good sized creek that borders our club and we've had problems with it for years. We don't bother the folks if they are just floating the creek and get out on a sandbar on our side to rest or eat or whatever, but the camping out and stuff gotta go. I have this same situation on my lease in TN. And the GW told us the same thing, float thru and no harm done. Step out of the canoe and touch bottom and it's trespassing.
I firmly believe that a double gallows should be constructed on the East Lawn of The White House. Politicians who willfully and shamelessly violate their oath to uphold and defend the Constitution of the United States of America should be swiftly tried and, upon conviction, publicly hanged at sunup the day after conviction. If multiple convicts are to be hanged they can choose with whom to share the gallows or names shall be drawn from the hangman's hat to be hanged 2 at a time.
NRA Life Member
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Re: Legal Question - Creek Trespassing
[Re: slippinlipjr]
#1374240
06/22/15 09:44 AM
06/22/15 09:44 AM
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Joined: Sep 2004
Posts: 36,184
alabama
BhamFred
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 36,184
alabama
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you can get 50 answers to this question and not all of em are right, er wrong either. Depends on the county/water system if you can float.
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Re: Legal Question - Creek Trespassing
[Re: slippinlipjr]
#1374276
06/22/15 10:51 AM
06/22/15 10:51 AM
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Joined: Nov 2004
Posts: 11,347
Prattville AL
ElkHunter
Booner
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Booner
Joined: Nov 2004
Posts: 11,347
Prattville AL
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I grew up wade fishing Weoka, Swamp, Hatchett, Weogufka, and some other smaller creeks in Coosa County. Had no idea we were breaking the law back then. As I understand it now, we were.
Alabama Hog Control, Inc. www.alabamahogcontrol.comBarry Estes The only thing necessary for the triumph of evil is for good men to do nothing. Edmund Burke
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Re: Legal Question - Creek Trespassing
[Re: slippinlipjr]
#1374329
06/22/15 12:14 PM
06/22/15 12:14 PM
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Joined: Jan 2004
Posts: 4,168
Florence, Al
AlabamaSwamper
10 point
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10 point
Joined: Jan 2004
Posts: 4,168
Florence, Al
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Navigable water ways are defined. They ate listed by law. I'll see if I can dig it up.
Even so, others are right to. Float it but if it's not on the list and your feet hit the ground, creek bottom ect, you are trespassing.
Really, navigable water ways isn't an issue with waders. You ain't wading a legal defined navigable waterway
BTR Scorer in NW Alabama
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Re: Legal Question - Creek Trespassing
[Re: Wiley Coyote]
#1374384
06/22/15 01:37 PM
06/22/15 01:37 PM
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Joined: Dec 2007
Posts: 4,617
Bay Minette, AL
scrubbuck
10 point
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10 point
Joined: Dec 2007
Posts: 4,617
Bay Minette, AL
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The GW in Escambia County told our club that the public has the right to "float" the creek through our club but if they get out of whatever they are in, they are trespassing. No wading of the creek at all. We have a good sized creek that borders our club and we've had problems with it for years. We don't bother the folks if they are just floating the creek and get out on a sandbar on our side to rest or eat or whatever, but the camping out and stuff gotta go. I have this same situation on my lease in TN. And the GW told us the same thing, float thru and no harm done. Step out of the canoe and touch bottom and it's trespassing. This is also what a GW in Lee County told me about 15 years ago.
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