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Message
re: Gerald Boelte died yesterday.
Posted on 2/24/24 at 8:53 am to Bullfrog
Posted on 2/24/24 at 8:53 am to Bullfrog
quote:
You are probably not familiar with the ebb & flow of the navigable waters of the Mississippi River.
Private property changes with water levels.
Actually, my father spent 20 years as an attorney working on one case that ended up defining case law in this matter. Look up the Gassoway access case in Louisiana.
My family owns significant land Holdings which are affected by the rise and fall of the Mississippi and other navigable rivers. I have personally prosecuted and testified in trespassing cases involving duck hunters and fishermen.
This is why message boards get a bad rap. It's from people spouting off nonsense when they don't know what they're talking about.
Saying that public access is determined by the species of trees on the bank is simply ignorant, misleading, and wrong.
There are thousands of miles of navigable river bank that have no trees whatsoever. And many thousands more that don't have oaks.
It's about the mean high water mark, not the species of trees for fricks sake. That doesn't have anything to do with it.
So in this case, I do know more than you. So do us all a favor and stop spreading bad information
Posted on 2/24/24 at 8:59 am to No Colors
You over think things and are so far off base, from the point, you look the fool and obviously missed the sentiment of his post.
Do us all a favor and frick off on your family’s ginormous land Holdings.
Do us all a favor and frick off on your family’s ginormous land Holdings.
Posted on 2/24/24 at 9:28 am to No Colors
I’ve always heard as far as duck hunting the river if you can access the area by boat from the river without stepping on land it’s considered public.
Posted on 2/24/24 at 9:41 am to No Colors
quote:
Saying that public access is determined by the species of trees on the bank is simply ignorant, misleading, and wrong.
First off sounds like a great man passed away and when the world loses titans that aren't afraid to get their hands dirty... Its a sad day
But are people really going off on whether a particular species of trees define property lines .. I've never heard willows to oaks but immediately took it as a "red sky at night" type of saying
Posted on 2/24/24 at 10:53 am to No Colors
quote:
Saying that public access is determined by the species of trees on the bank is simply ignorant, misleading, and wrong.
Calm down man. The willow/oaks was a general guide that a MDWFP biologist said to look out for if you aren't sure where the "high water" mark ends and where you need to turn your boat around. In general I'd say it holds true for rivers and most of the time it means you really aren't allowed to motor past the river channel no matter how high the water is. Though of course people do it all the time.
I'll be interested in reading up on the Gassoway case specifically. From what I've seen is that the rules of river access is quite convoluted and mis-information is all over the place and each state has different grey areas. I.e you can float in a navigable stream but if you wade it then you are standing on private property. Or you can stand in the water and fish but as soon as you step on dry sandbar you are trespassing. That shite goes on and on and I don't think most game wardens even know the exact rules on it.
I think there was suppose to be a SCOTUS case that was suppose to help define things coming up or maybe has already passed. Idk.
On my river outings I try and be legal but no matter what, when approached by a landowner I'm polite and non-combative and it has always worked out for me.
We should have a discussion on the OB about it. It would be lively discussion full of quotes we can submit to the court when facing the judge.
Sorry I de-railed this thread with my original comment.
RIP Mr Boelte. Sounds like he genuinely left the world better than when he entered it.
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