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To: enraged

In MO, you do indeed own to the center of the stream, the opposite land owner the same. However, the free flowing water is open to anyone (once they obtain access through a road/bridge right of way or other access. Step on dry land, however, and you are indeed trespassing.

The facts of the situation, as always will make the difference. If the land owner directed the “visitors to leave, and they did not, and even approached and “assaulted” (unwanted physical contact) the land owner may have a defense.

Not enough facts as of yet. Wife states husband “touched” his arm. Landowner may have another story, ad” contact bit more offensive than a congenial “let’s talk this out, friend” contact.

As a MO stream front property owner, I do understand the landowners situation. Trash, piles of feces, noise, etc is not a fun thing to deal with. However, I cannot justify more than fencing the banks proper and placing “Posted” signs. Most canoer’s are polite and careful, but “yutes” and derelicts are there as well.


114 posted on 07/23/2013 1:39:00 PM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War")
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To: Manly Warrior
I believe that is the case here on “non-navigable” waters. “Navigable” meaning the water was used for commercial purposes at some point in history, and that is where the disagreement comes in. What is the definition of “commercial use”. Does it mean ferries or barges used to transport goods, or can the fact that a mill one floated log rafts down it count. If it is non-navagable then the land owner owns to the thread of the stream, but as in your case the public can still float over it.
It would take a lot to get me to shoot someone for pooping on my property, so who knows what happened in this case. In short by a dog, just having one on the grounds with an occasional woof woof gets most people to keep moving along.
186 posted on 07/24/2013 7:46:23 AM PDT by enraged
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