eric1978 Posted June 10, 2010 Posted June 10, 2010 Aren't there any lawyers on here that are looking to do some pro bono work? Sounds like we need to find one, have a volunteer "trespass" on a questionable stream, appeal the ticket all the way to the MO Supreme Court and get some precedents set. I guess that could be a little risky if the judgment goes the wrong way, but it might be worth the gamble. I'll volunteer to be the trespasser if we can find a decent attorney who wants to work for free.
fishinwrench Posted June 10, 2010 Posted June 10, 2010 What we need to do is fight it the way the politicians do. Get a landowner who is in the clique to press the charges....then intentionally loose the case. Once a victory is on the books and recorded as such then similar suits will, by statute, have to follow the new order.
FlyFishinFool Posted June 11, 2010 Posted June 11, 2010 What we need to do is fight it the way the politicians do. Get a landowner who is in the clique to press the charges....then intentionally loose the case. Once a victory is on the books and recorded as such then similar suits will, by statute, have to follow the new order. That is not quite correct - once case law has been set, other trials/lawsuits can reference the prior cases, but it is still up to the discretion of the judge whether to agree that prior case applies. To be upheld by statute, the legislature has to pass a law specifying how the rules apply and/or must be interpreted. Part of the problem lies in that great big gray area as previously mentioned; where the courts struggle to answer questions such as: where exactly is the high water mark? is the high water mark the average level or the level during a specific water flow or time frame? Questions like these help keep the lawyers and courts in business! If everyone would just clean up after themselves, then the average property owner would not have issues with someone just fishing. Of course if frogs had wings they wouldn't bump their butts when they jump either! * ´¯`•.¸¸.•´¯`•.¸ ><((((((º> `•.¸¸.•´¯`•.¸¸.•´¯`•.¸ ><((((º> .¸¸.•´¯`•.¸ ><((((((º> I look in my fly box and think about what should guide my choice of the best fly: the amount/angle of sun on the water, the water temp & clarity, what bugs are hatching, what the fish might be eating, and what worked last time. Then I remember what an old man told me... " Ninety percent of what a trout eats is brown, fuzzy, about 1/2 inch long and underwater."
Members Liv2flyfish Posted June 23, 2010 Members Posted June 23, 2010 It is important that we understand our rights on Mo. streams and rivers or we will lose them. I have posted the last Mo. Supreme Court ruling on this subject at www.liv2flyfish.com. from the home page you can access "Public Rights on Mo. Streams" and you can read about this ruling on Elder vs. Declour in Dent County in 1954. We sure do have the right to fish most all waters in Mo. Read it for yourself. This was given to me by a Mo. Dept. of Conservation officer after I had trouble with the owner of the land below Roaring River. I am an avid fly fisher. I love fishing the Ozarks and the White River watershed from the spring creeks to the tailwaters.
fishinwrench Posted June 23, 2010 Posted June 23, 2010 It is important that we understand our rights on Mo. streams and rivers or we will lose them. I have posted the last Mo. Supreme Court ruling on this subject at www.liv2flyfish.com. from the home page you can access "Public Rights on Mo. Streams" and you can read about this ruling on Elder vs. Declour in Dent County in 1954. We sure do have the right to fish most all waters in Mo. Read it for yourself. This was given to me by a Mo. Dept. of Conservation officer after I had trouble with the owner of the land below Roaring River. We definately do. Problem is few of us can afford to prove it. The old "innocent until proven guilty" cliche, in regards to the law and justice system, is a fable. When actually faced with an incriminating issue first hand you'll get a big spoonful of reality that can be pretty hard to swallow.
10pointer Posted June 29, 2010 Posted June 29, 2010 This may sound stupid but i thought i would ask this here as I don't know if this is true or not... I have heard from a friend that knew of someone that had their fishing equiptment confiscated by the sheriffs dept upon arrest for trespassing for a first offense. Is this at all true?
jdmidwest Posted June 29, 2010 Posted June 29, 2010 MDC Agents can confiscate whatever you have on your person in a poaching violation I believe, guns, trucks, atv, other equip. I am sure a Sheriff can hold it for Evidence.. Did the guy state what the offense was or just trespassing? Sheriff's deputies can write game violations in MO like a MDC Agent. Typically, a deputy or agent will just ask you to leave. If you refuse, then an arrest usually follows. I guess it would depend on where he trespassed also, a county road with public access is a less likely offense than if he was caught on a private pond miles inside a property line. "Life has become immeasurably better since I have been forced to stop taking it seriously." — Hunter S. Thompson
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