Posted on 08/22/2004 9:06:47 PM PDT by Hat-Trick
Is nothing sacred? Filing charges against potatoes is unAmerican!
You know why a property owner owns the land under the water? So he can pay taxes on it?
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.
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.
Some morons shoots at me when I am tubing, he is going to get more than a complaint from me...
Once Husker football gets going, this kind of story will be lucky to see the light of day here in Nebraska.
Make that "across a creek." Not even sure what "against a creek" means.
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.
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.
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?
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barricade their section of the river, telling boaters and tubers that they had "Spanish land grants" that preceded and superceded Texas state law.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
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.
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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.
Going "against a creek" or river means going upstream. :)
Tubing upstream is WAY too much work.
You're a Conservative,so I know it didn't take you very long at all to figure that out. ;o)
Erecting a firing range where you are shooting towards where people are likely to be is indefensible.
Just dump skunk piss all around.
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".
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