re: Trespassing Tickets Saturday (duck hunting)

Better watch out, you gonna get called the morality poleese.

You don’t have enough ducks in the sportsman’s paradise? You have to come up and trespass to hunt. Should have been arrested, boats seized and all hunting equipment seized. Then you make a arse of yourself loading boats. Lots of locals hunt there and make a note of idiots. Stay your arse at home if you don know the laws.

He mad

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They were Loch Leven and Lake Mary Planting Company

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They wont find any mercy in the courts. Wilkinson Co law enforcements is as corrupt as Hazard County. The Sheriff is Roscoe and Boss Hog all in one with a nice Democratic tan.

If a deputy was there specifically to aid Game & Fish with writing the local trespassing citations then the sheriff and Judge are already decided on the outcomes.

As a poster stated before, if they were on water not normally accessible except in high water situations that is trespassing. Lots of ditches and canals drain those properties. Just because water pushed up in them making it accessible by boat doesn't make it public.

Several years ago we engaged in a Mexican standoff with the owner of LL. Water had topped the levee and we were cruising a boat down it pushing pigs out into the water and catching them. A boat occupied by 3 armed men confronted us about trespassing and shooting "their" pigs. I tell that story to show that even though we were technically in the lake, we were hunting their levee. These guys don't play about boundaries, and for understandable reasons. No doubt they would contribute financially to the "campaign" funds of those in power to protect their investments

PSUMMERS... I got rolled up on while I was on my own property that was flooded saturday. That new marine game warden is a hardazz

You might want to research sources other than "The Basics of Water Law, Part One"

Riparian rights were generally set at the time of statehood, and each state pretty much did what they wanted to do.

In Louisiana (statehood in 1812), riparian owners along navigable streams have title down to the "ordinary (mean) low water line."

In Mississippi (statehood in 2017) the riparian owners have title out to the thalweg of navigable streams. This was upheld by the Fifth Circuit in 1948.

LINK

"Prior to entry into the union – the territorial period – federal rules relating to navigable, for title purposes, waterways were applied. After statehood, the states were able to administer their own lands and in a number of states the tidelands were patented. These tidelands may still be burdened by the public trust.

Several states, Nebraska and Mississippi for example, do not follow the general rule concerning sovereign ownership of the beds of navigable rivers or lakes and take the position that the beds are owned by the upland title holders to the "thread" (of the stream. (The center of the of the main current is sometimes called the thread of the stream.) The thread of the current may shift from time to time and, accordingly, the boundary will also shift."

ETA: I see you keep quoting this - even though it isn't applicable: “ Public ownership of physically navigable rivers including the land up to the ordinary high water mark, pre dates property deeds".

You're quoting a general concept that applies in some states, but not in Mississippi.

1. MISS DEQ is charged with regulating water quality -- not property ownership.

2. Corps of Engineers (I assumed that's what you mean by "COE") likewise does not determine property ownership issues. Not with their mean high water elevations and not with their Low Water Reference Plane elevations.

3. Riparian property rights in Mississippi and Louisiana were established at statehood.

4. Go back to the MS DEQ site from which you extracted Section (3) LINK and read the Amendment Note at the bottom of the page. It says:

Amendment Note
The 1994 amendment substituted A Department of Environmental Quality@ for A Mississippi Department of Natural Resources,@ and revised the first paragraph to provide that floodwaters are not part of a public waterway and that the right to hunt and fish on public waterways does not include floodwaters.

Does that not define public waterways in MS?

So for NOAA to issue a flood warning on an area in the MS River the river has to exceed the high water mark established by the Corp of Engineers. So until you exceed that high water mark it is not considered a flood or flood water. So in the area we are talking about what defines the natural bank of the MSRiver?

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In Mississippi (statehood in 2017)

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