Ye Ol' Tresspass Thread Again

[ozarkgunner]

Why would this issue come up anyway? If there is a body of water you desire to fish and the banks are posted, contact the owner and gain permission. If it is navigable, float thru peacefully and fish it and stay in the boat. If a landowner confronts you and asks you to leave, then he probably has the right to because he owns the land. If you feel he is wrong, return with an officer of the law and clear the matter up.

As a landowner myself, I don't have a problem with someone fishing thru my property in a peaceful manner. If someone is using the stream for hunting purposes and shoots around my livestock, then I have an issue. If someone damages property, fences, builds fires, makes camp, or otherwise makes himself at home, then I have an issue.

With all of the public access in this state, it really should never be an issue, but it does come up from time to time.

Landowners have the legal right to keep people off of thier property. However, the last time I went on a duck hunt on the James River I was stopped by a Christian County Deputy for hunting in the river. A local landowner had complained I was "shooting by her livestock." The officer was anything less than nice. Luckily an MDC agent came and cleared everything up and explained that I had the right to hunt the river. I put in at an MDC area and was well within my right to hunt where I was located. Further, it was a very safe location. #4 steel shot out of a shotgun is not endangering anything that is 500+ yards away. Especially, when it is shot vertically in the other direction of livestock. I understand people don't like hunters. However, the next landowners who "confronts" me with curse words while I am legally hunting is going to learn the law really fast. Under Missouri law harrassing hunters is a class B misdemeanor.

[b]RSMO 578.152. Interference with lawful hunting or trapping in the second degree--penalty

Any person who enters or remains in a hunting or trapping area where lawful hunting or trapping may occur with the intent to interfere with the lawful taking of wildlife is guilty of the crime of interference with lawful hunting or trapping in the second degree.

Interference with lawful hunting or trapping in the second degree is a class B misdemeanor.

Even if the officers will not pursue criminal action, I will spend the filing fee to get an injunction and/or seek damages.

I own some property and post it. However, the idea that you own the river because you have private property on one (or both) sides of it, must be debunked. I hope those who use the river respect the property rights of landowners and property owners respect the right of those who use the river to lawfully hunt and fish.

[Chief Grey Bear]

Thanks for posting ozarkgunner. Good info!