Trespassing River Laws

[kkirchmer]

Does anyone know the law by chance? I was fishing on Castor this weekend and was parked at a low water bridge on a county road. There were no signs posted by the water but there was a sign posted on a tree at the edge of a fence line about 25 yards from the road. I took the sign as meaning do not cross the fence which I didn't. I parked on the edge of the bridge / gravel bar and fished all day Friday without any problems. Multiple people drove past and saw me and just waved.

Saturday I went back with a buddy and we parked in the same location. There was a father and his two sons fishing by the bridge and they waved and said good morning. I went downstream and my buddy headed up stream and about 30 minutes later my buddy catches up to me and said we had to leave. I get back to my truck and the man and his boys were gone and my buddy said an older man came down and said we were on private property and he would call the sheriff if we didn't leave.

We didn't want to ruffle any feathers so we hit another spot that we frequent without any problems but I was wondering if we were in the wrong. I have been to other locations where signs are posted on the very edge of the road and I comply and I know if I'm in the water I'm okay but if I park on the shoulder of a road and enter the water from a low water bridge is it trespassing since I'm technically not on anyones property?

[fishinwrench]

Here's the thing: It's quite possible that you were within your rights to be there, but it will cost you a buttload in attorney fees to prove it, if you ever have to.

I attempted to challenge a trespassing charge once and I felt very confident about my position, as did the attorney I spoke with, and even the duputy that served me the summons. But at the time a 75.00 fine was alot easier to pay than a 1500.00 to 3000.00 lawyer bill. I wish I would have had the cash to have fought it because I'd love to be fishing there right now.

[Outside Bend]

Sounds to me like you accessed a navigable water of the state via a public easement/right of way. So long as you stay within the channel, legally you'd be fine.

But like FishnWrench, it can be a pain fighting these things if the landowner or sheriff doesn't see things your way.

[jdmidwest]

I know the bridge, and it seems like you are trespassing according to the local game warden. I have accessed there for 30 years and went there last year and seen the same thing and left and started asking questions. Someone got shot a few years ago at the bridge and both owners, above and below posted it to keep away the problems. Seems like Madison Cty does not have any right of way on either side of the road at the location for some reason and you are sol on that too. According to Jeff Scott, the local agent, the Sheriff Dept. will issue a ticket for trespass. Like it is stated above, you are in the right if you are in the water and stay in the water, but there is no place to park without trespassing.

Did you ask permission from either of the owners before you set out? That would have been the polite thing to do and may have gotten you a free pass.

[denjac]

A state Court has to deem the river or creek navigable to be able to leagally wade it. Went threw this last year with my son. Land owners own to the center of the creek unless they own both sides. While alot of the streams are navagable by boat or canoe they havent been deemed so by the State. I am not sure about if you stay in a boat and your feet never touch ground. Better to get permission first when in doupt.

[Outside Bend]

I know the bridge, and it seems like you are trespassing according to the local game warden. I have accessed there for 30 years and went there last year and seen the same thing and left and started asking questions. Someone got shot a few years ago at the bridge and both owners, above and below posted it to keep away the problems. Seems like Madison Cty does not have any right of way on either side of the road at the location for some reason and you are sol on that too. According to Jeff Scott, the local agent, the Sheriff Dept. will issue a ticket for trespass. Like it is stated above, you are in the right if you are in the water and stay in the water, but there is no place to park without trespassing.

Did you ask permission from either of the owners before you set out? That would have been the polite thing to do and may have gotten you a free pass.

I may be totally wrong on this, but I thought MODOT and county road departments maintained a 50 or 100 foot right-of-way at bridge crossings to allow for future road widening/expansion?

[jdmidwest]

I may be totally wrong on this, but I thought MODOT and county road departments maintained a 50 or 100 foot right-of-way at bridge crossings to allow for future road widening/expansion?

It is County jurisdiction, and it is an old, one lane, low water bridge on a paved county road. Much like States can have different laws than Federal, Counties it seems have the same problem with no consistancy. According to the agent that was bombarded with this problem, there is no county road right of way in Madison County. They do mow the shoulders along this road.

[kkirchmer]

I know the bridge, and it seems like you are trespassing according to the local game warden. I have accessed there for 30 years and went there last year and seen the same thing and left and started asking questions. Someone got shot a few years ago at the bridge and both owners, above and below posted it to keep away the problems. Seems like Madison Cty does not have any right of way on either side of the road at the location for some reason and you are sol on that too. According to Jeff Scott, the local agent, the Sheriff Dept. will issue a ticket for trespass. Like it is stated above, you are in the right if you are in the water and stay in the water, but there is no place to park without trespassing.

Did you ask permission from either of the owners before you set out? That would have been the polite thing to do and may have gotten you a free pass.

I always ask permission if there is a house close by or if someone is in the area but where I was attempting to fish there weren't any visible houses. The other folks who were fishing there said they had fished that spot for years and hadn't had any issues. I'm going to call the Madison county Sheriff and see if he can give me his opinion. There are multiple county roads in that area where I usually fish and I have never had a problem. This is literally the first time in 15 years of fishing that river that anyone has ever said anything. Most folks will stop and chat but I do understand the worries of property owners so that's why I respected his wishes and moved on. He may have had a bad situation with someone he didn't know in the past and doesn't like strangers by his property.

[fishinwrench]

The Sheriff probably won't give you a satisfactory answer, the one who determines whether or not the county believes you comitted a crime is the county's Prosecutor. And from what I've noticed in these cases if the prosecutor is 50 or older and likes to fish, you have a decent chance. BUt if he is a young fella that likes golf...you're screwed.

I wish just once someone could beat one of these cases and get it on the records.

[jdmidwest]

If you have ever walked down to the old trestle, you would notice that it was a party spot. The bridge on the gravel road above that HWY bridge is also posted now too. If you went up river, you would have noticed the owners house on the west bank. I have seen him and talked to him many times over the years. But I really don't know what he will do now, I have not tested him.

Thanks to meth, poor ethics, and outright drunkedness, many of our accesses are being closed. You are still allowed to walk thru or float thru, just no parking or direct access on private property without permission.