Legal question...

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beutlerjc
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Legal question...

Postby beutlerjc » Oct Mon 02, 2017 11:36 pm

Does anyone know what the law is as far as trespassing goes? If I am wading in a stream, can a land owner say I'm trespassing as long as I don't walk on the banks? In other states I've lived, if you stay in the stream you were ok.
Any input ???

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Re: Legal question...

Postby crappieman18 » Oct Tue 03, 2017 6:00 am

I have been told that the land owner owns the stream bed as long as it is not classified as a navigable waterway.
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Re: Legal question...

Postby Mrhighlife » Oct Tue 03, 2017 7:00 am

In indiana no one legally owns the water.(although there is privately owned lakes and ponds) But the land owner owns the land underneath the water. So if your in a boat floating above you're good. Wading you're not good.
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Re: Legal question...

Postby vintagecs390husky » Oct Tue 03, 2017 7:01 am

Crappieman is correct. In Indiana you can float any stream as long as you don't get out. Touch the bottom to get around or over a log jam and you are trespassing.
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Re: RE: Re: Legal question...

Postby beutlerjc » Oct Tue 03, 2017 8:23 am

crappieman18 wrote:I have been told that the land owner owns the stream bed as long as it is not classified as a navigable waterway.
Thanks for the info. Good to know

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Re: RE: Re: Legal question...

Postby beutlerjc » Oct Tue 03, 2017 8:23 am

Mrhighlife wrote:In indiana no one legally owns the water.(although there is privately owned lakes and ponds) But the land owner owns the land underneath the water. So if your in a boat floating above you're good. Wading you're not good.
Thanks

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Re: Legal question...

Postby Rico » Oct Tue 03, 2017 9:16 am

Pay close attention to that navigable, non-navigable ruling.
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Re: Legal question...

Postby MC_angler » Oct Tue 03, 2017 10:56 am

Yes, it's not nearly that cut and dry

To date, legislation has not been utilized to declare a river as "recreational". A recent decision by the Indiana Court of Appeals declined to apply a recreational test for determining what is a navigable waterway. The court reaffirmed the traditional law of navigability in Indiana and cited an earlier decision that concluded that a river is navigable if it could have been employed for commercial boat traffic when Indiana became a state in 1816. For more information, a copy of the Natural Resources Commission Nonrule Policy Document, "Roster of Indiana Waterways Declared Navigable" may be also accessed on the NRC website .

A landowner along a river that has not been declared navigable by statute or by a court decision may claim that the public cannot canoe the river. If a conflict arises, the only solution is to go to court and seek a declaration of navigability or that a prescriptive easement has been established. You may wish to contact an Indiana Conservation Officer stationed in a county where you plan to go canoeing for additional information about river use problems


It's pretty much a very complex sleeping dog that nobody wants to poke. It's very murky and there's not a lot of precedent or legal rulings to decide one way or another
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Re: RE: Re: Legal question...

Postby beutlerjc » Oct Tue 03, 2017 11:11 am

MC_angler wrote:Yes, it's not nearly that cut and dry

To date, legislation has not been utilized to declare a river as "recreational". A recent decision by the Indiana Court of Appeals declined to apply a recreational test for determining what is a navigable waterway. The court reaffirmed the traditional law of navigability in Indiana and cited an earlier decision that concluded that a river is navigable if it could have been employed for commercial boat traffic when Indiana became a state in 1816. For more information, a copy of the Natural Resources Commission Nonrule Policy Document, "Roster of Indiana Waterways Declared Navigable" may be also accessed on the NRC website .

A landowner along a river that has not been declared navigable by statute or by a court decision may claim that the public cannot canoe the river. If a conflict arises, the only solution is to go to court and seek a declaration of navigability or that a prescriptive easement has been established. You may wish to contact an Indiana Conservation Officer stationed in a county where you plan to go canoeing for additional information about river use problems


It's pretty much a very complex sleeping dog that nobody wants to poke. It's very murky and there's not a lot of precedent or legal rulings to decide one way or another
As usual, clear as mud!!


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Re: Legal question...

Postby Goosepond Monster » Oct Tue 03, 2017 12:09 pm

MC_angler wrote:Yes, it's not nearly that cut and dry

To date, legislation has not been utilized to declare a river as "recreational". A recent decision by the Indiana Court of Appeals declined to apply a recreational test for determining what is a navigable waterway. The court reaffirmed the traditional law of navigability in Indiana and cited an earlier decision that concluded that a river is navigable if it could have been employed for commercial boat traffic when Indiana became a state in 1816. For more information, a copy of the Natural Resources Commission Nonrule Policy Document, "Roster of Indiana Waterways Declared Navigable" may be also accessed on the NRC website .

A landowner along a river that has not been declared navigable by statute or by a court decision may claim that the public cannot canoe the river. If a conflict arises, the only solution is to go to court and seek a declaration of navigability or that a prescriptive easement has been established. You may wish to contact an Indiana Conservation Officer stationed in a county where you plan to go canoeing for additional information about river use problems


It's pretty much a very complex sleeping dog that nobody wants to poke. It's very murky and there's not a lot of precedent or legal rulings to decide one way or another


Isn't there a federal declaration that trumps the state declaration?

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