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Gunshots near creek rock quiet paradise
Omaha World-Herald ^ | Aug 22nd, 2004 | PAUL HAMMEL

Posted on 08/22/2004 9:06:47 PM PDT by Hat-Trick

click here to read article


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I'm no fan of lawyers, in general, but this property owner is probably going to have to take down his sign, if the article is accurate regarding the trespassing laws governing creeks & waterways


1 posted on 08/22/2004 9:06:48 PM PDT by Hat-Trick
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To: Hat-Trick
Both sides have been critical of Brown County Attorney David Streich for not filing charges, either against the landowner or the tubers.

Is nothing sacred? Filing charges against potatoes is unAmerican!

2 posted on 08/22/2004 9:14:00 PM PDT by Restorer
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To: Hat-Trick

You know why a property owner owns the land under the water? So he can pay taxes on it?


3 posted on 08/22/2004 9:14:06 PM PDT by CindyDawg
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To: Hat-Trick

Maybe not if he has livesrock, he is responsible for containing them. Tubing public cannot have it both ways. I would put a couple of large bulls into the pastures. Serious deterance.


4 posted on 08/22/2004 9:16:16 PM PDT by ridesthemiles (ridesthemiles)
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To: Hat-Trick

Putting a barb-wire fence against a creek floaters use is also a pretty serious safety hazard. Somebody could get entangled in it. I have had some narrow escapes in the Ozarks myself.


5 posted on 08/22/2004 9:16:32 PM PDT by Restorer
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To: Hat-Trick
IF the water is "navigable" the land-owner cannot stop people from being on the water. As soon as they step onto land, they are trespassing.

Some morons shoots at me when I am tubing, he is going to get more than a complaint from me...

6 posted on 08/22/2004 9:17:09 PM PDT by ikka
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To: Restorer

Once Husker football gets going, this kind of story will be lucky to see the light of day here in Nebraska.


7 posted on 08/22/2004 9:17:56 PM PDT by Hat-Trick (Do you trust a government that cannot trust you with guns?)
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To: Restorer

Make that "across a creek." Not even sure what "against a creek" means.


8 posted on 08/22/2004 9:19:06 PM PDT by Restorer
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To: ikka

If the article is correct, the law says if they even stand on the bottom, in the water, they're trespassing. In this situation, I believe firing shots at tubers is a bit extreme. Doesn't sound like this lawyer & his crew were the vandals.


9 posted on 08/22/2004 9:22:50 PM PDT by Hat-Trick (Do you trust a government that cannot trust you with guns?)
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To: Hat-Trick

There's a guy here in the north Georgia mountains doing the same thing. He's put up a cable and no trespassing sign across one of the most heavily used streams that crosses through his land.

He knew before he bought the land that the stream itself wouldn't be considered 'his'. But, that hasn't prevented him from threatening the people floating or canoeing downstream.


10 posted on 08/22/2004 9:41:46 PM PDT by kenth
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To: Hat-Trick
he strung an electric fence across the creek where it enters his land.
11 posted on 08/22/2004 9:45:10 PM PDT by kenth
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To: Hat-Trick

Well, the landowner can put up better fencing, probably at no greater expense than feeding the horses for a year or two. That solution would allow pasturing the horses, and would keep trespassers out.

And obviously the problem is not with gunshots "near" the creek; the eyewitness spoke of bullets impacting in the water nearby his family. Could the eyewitness be wrong?


12 posted on 08/22/2004 10:21:44 PM PDT by Unknowing (Now is the time for all good men to come to the aid of their country.)
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To: Hat-Trick
Tubers have cut his fences so many times he cannot pasture his horses near the creek

Yeah, I always carry a set of wire cutters with me when I go tubing. Cut every fence I see, just for the hell of it. jeez...

This man is a menace and a lunatic. What he did was reckless endangerment, even if the tubers were trespassing.

I remember there were some of these types down in Texas when I lived there. Texas has the same rule about navigable waterways, although I think you can stand on the river bottom without trespassing. As soon as you step on dry land you are no longer legal. Anyway, some of these clowns would fence or barricade their section of the river, telling boaters and tubers that they had "Spanish land grants" that preceded and superceded Texas state law. Total horse s**t, of course.

I'm all for private property rights, but these navigable waterway easements are long established in common and statutory law. They should drop the hammer on this maniac.

-ccm

13 posted on 08/22/2004 11:24:04 PM PDT by ccmay
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To: Hat-Trick
Some states have laws that allow public use of navigable streams and rivers anyplace below the high water line.It saves having these kinds of problems and even lets people camp without trespassing unless the water is in flood stage.

In places where the landowner owns the land under the water there's always a possibility of having problems like those mentioned in the article.To even drop anchor is technically trespassing.

I believe the landowner is completely legal in fencing across the stream but this might end up setting a precedence to help clear up some questionable practices.I hope.

.

Most landowners are understanding but when enough people abuse their rights and property,they can be hard to deal with and cause terribly dangerous situations.

I spend a lot of time on rivers/streams and take every opportunity to meet landowners and let them get to know me.

When an owner knows that you'll be looking out for his interests by letting him know of thieves,vandals,fence problems,sick animals,poachers,etc;,he'll most often be happy to see you on the water.Even picking up trash makes a good impression and word travels from owner to owner about folks that can be trusted or not along the rivers.

14 posted on 08/22/2004 11:32:30 PM PDT by Free Trapper (Because we ate the green mammals first!)
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To: Restorer

Going "against a creek" or river means going upstream. :)


15 posted on 08/22/2004 11:41:26 PM PDT by Free Trapper (Because we ate the green mammals first!)
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To: Free Trapper

Tubing upstream is WAY too much work.


16 posted on 08/23/2004 2:31:46 PM PDT by Restorer
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To: Restorer

You're a Conservative,so I know it didn't take you very long at all to figure that out. ;o)


17 posted on 08/23/2004 3:45:35 PM PDT by Free Trapper (Because we ate the green mammals first!)
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To: Hat-Trick
I am extremely pro land owner and also extremely supportive of gun rights, but this guy is simply wrong.

Erecting a firing range where you are shooting towards where people are likely to be is indefensible.

18 posted on 08/23/2004 3:59:22 PM PDT by yarddog
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To: ridesthemiles
"I would put a couple of large bulls into the pastures. Serious deterance."

Just dump skunk piss all around.

19 posted on 08/23/2004 4:23:10 PM PDT by BobS
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To: yarddog
The landowner should file charges against "individuals" that abuse his property,not endanger and threaten everyone that legally uses the water.

Shooting onto or across an occupied roadway is sick and he knows exactly what he's doing.I'm surprised the owner hasn't been killed by someone that "feared for my life".

20 posted on 08/23/2004 5:25:33 PM PDT by Free Trapper (Because we ate the green mammals first!)
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