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To: listenhillary; Defiant

I am sorry, but it takes a lot more then being able to float down a body of water on an innertube to make it navigable.

It also funny I never realized that property owners rights depend on where the property is located or the level of desire of the public to use it for their own purposes.


130 posted on 07/23/2013 2:39:03 PM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: Kartographer
Glad you have a good understanding of Missouri law on the status of the Meramec River in terms of its navigability and where the property lines end for those who own property along the river. Your certainty should be shared with those involved in this case, because it seems there is a lot of confusion based on a lot of confusing case law. The article should have quoted you instead of the Missouri lawyer. Then you could tell us where the easement began.

Looking at this picture, and reading what the article described as to the law in Missouri, it seems to my feeble mind that the small trees at the edge of the river bank and along the sand bar are probably within the easement, but the woods beyond those trees are not. That is what is probably confusing to people, because the exact line is indefinite, and we as property owners usually like to have a boundary.

Another confusion you may have is regarding the legal definition of navigible. You see, in Missouri, navigable does not mean the same as in the Delaware River or the Hudson. A canoe that can make its way down most of the year probably makes a river navigable. A creek that only has running water after a storm is not.

The picture also makes it appear as though the guy who was shot was shot out in the middle of the sand bar. If he shot the guy there, it's a jail he'll be goin'. The easement is definitely going to extend onto that sand bar. Which means he acosted people who had a right to be where they were. Unless your knowledge of Missouri case law indicates otherwise, in which case, I am happy to hear your legal argument.

132 posted on 07/23/2013 2:57:26 PM PDT by Defiant (In the next rebellion, the rebels will be the ones carrying the American flag.)
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