Trespassing Or Not?

[OzarksRiverman]

There is a badass little stretch of Swan Creek that I wade (about 15 miles SE of Ozark) that now has two strands of barbwire crossing the creek. The spot where the wire is ran is a old party spot, decent fishing, but I never spent much time there and just moved on up the creek. When I first discovered the new barrier, I didn't cross the wire, just went back to the truck, and next time I go down there I plan on asking permission to pass through.

I would think Swan Creek would be considered a navigable stream since there is a canoe outfitter less than ten miles downstream from the spot where the wire is located. Can the landowner fence of the stream like this???

[jdmidwest]

If he owns both sides and has livestock, he has the right. Fences like that usually don't last long. First flood takes them out. I have run across them on the Castor and Big River also locally. When I brought them up to the MDC agent, they seem to be legal. They are not a big issue with the yaks, but would pose a bigger problem with a canoe. I float right thru them.

[ozark trout fisher]

Deliverance was in Georgia.

Ozark trout fisher.Go to the bank and get a loan and buy some land on a stream and you will soon find out what the other landowners are speaking of.If you are on my section of the creek without permission you will be asked to leave .If you dont you can be sure that your fishing experience will not be an enjoyable one.Landowners want people to respect their property and asking permission is the best way to demonstrate the respect you will show.As I have said before I have meet several good people that have knocked on my door(two of my best employees)I have run off many smart asses who think they know everything.Which one are you?

If you would take pleasure in making my fishing experience unenjoyable even though I am not hurting a darn thing, then go ahead if you must. If you want to be the landowner that makes an attempt to cut off a public resource, then you can be one of those folks. Even then I won't smart off (past telling you what my understanding of the law is) and will generally be polite. I'm looking for a relaxing day of fishing, not a confrontation. But if the stream is navigable, I'm not going to leave.

If you live on a stream that isn't navigable, then there is no reason for us to be arguing.

Tight lines.

[redbud]

so you dont have the time to ask permission?If you did you would have a safe place to park, access to miles of creek owned by me and my more hard assed neighbors, and maybe a new friend.You think we are cutting off a natural resource ,we are protecting our property and families .I want to know who is on my property at all times.Good or bad .If you spend any time around Mc Donald Co you would know why.The trouble is the scumbags that leave trash, fish illegally and dont respect my property.I cant catch them all.I have to assume that whoever is doing this hasnt come to my door and met me in person.If you are on my land illegally that I worked my butt off to buy and maintain and you start to lecture me about the law,I can introduce you to my attorney and you two can sort it out.Maybe as you grow older you will understand my position on this matter.Look back through the archives,I have extended an open invitation to anybody on this forum to PM me for granted access to the creek.If we all were responsible citizens there never is a problem,ever, like the old days.I still have a rope swing and the local kids love it,ask them where I live.

[ozark trout fisher]

so you dont have the time to ask permission?If you did you would have a safe place to park, access to miles of creek owned by me and my more hard assed neighbors, and maybe a new friend.You think we are cutting off a natural resource ,we are protecting our property and families .I want to know who is on my property at all times.Good or bad .If you spend any time around Mc Donald Co you would know why.The trouble is the scumbags that leave trash, fish illegally and dont respect my property.I cant catch them all.I have to assume that whoever is doing this hasnt come to my door and met me in person.If you are on my land illegally that I worked my butt off to buy and maintain and you start to lecture me about the law,I can introduce you to my attorney and you two can sort it out.Maybe as you grow older you will understand my position on this matter.Look back through the archives,I have extended an open invitation to anybody on this forum to PM me for granted access to the creek.If we all were responsible citizens there never is a problem,ever, like the old days.I still have a rope swing and the local kids love it,ask them where I live.

I understand your position on the matter perfectly sir. You want to control all traffic through the stream that you own land on. If the stream isn't navigable, than you have ever right to do so. I simply do not believe anyone can own a navigable river, therefore (if the river you own land on is navigable) and I access at a public area, I don't have to ask permission to fish it. I'll be totally respectful to you, your land, and all of your property, and as I said, I'd be happy to pick up some of the trash that others have left behind. But I'm not going to ask permission to use a public right of way. I have plenty of time to ask permission, but I think it's more that I'm morally opposed to having to ask permission to fish a navigable river. It would be like having to ask the adjacent landowners if I could hunt on a Conservation area.

[David Unnerstall]

I came upon some barbed wire on the Castor River a few years back and it wasn't there the next year. I remember there was a womans' swimming suit stuck on it -- It is good to know people are still having fun.

[Flysmallie]

I understand your position on the matter perfectly sir. You want to control all traffic through the stream that you own land on. If the stream isn't navigable, than you have ever right to do so. I simply do not believe anyone can own a navigable river, therefore (if the river you own land on is navigable) and I access at a public area, I don't have to ask permission to fish it. I'll be totally respectful to you, your land, and all of your property, and as I said, I'd be happy to pick up some of the trash that others have left behind. But I'm not going to ask permission to use a public right of way. I have plenty of time to ask permission, but I think it's more that I'm morally opposed to having to ask permission to fish a navigable river. It would be like having to ask the adjacent landowners if I could hunt on a Conservation area.

OTF, again you come on here and make an butt out of yourself. If you can't respect the landowners wishes then you have no business being on their property. It doesn't matter what law you are quoting when you are out in the middle of no where confronted by a landowner. Whether you are correct or not does not matter at that point.

It's that stupid "It's owed to me mentality" that is ruining this country. A little respect goes a long ways. And I think that "navigable" refers to being able to transport commerce. That doesn't mean that just because you can fit your yak down the stream, it's open for business.

[stlfisher]

I usually stick to the public areas, but IMO when in doubt just ask.

If the landowner was a real jerk I would rather find out before hand. Nothing like having your day ruined when some nutjob pulls a Sgt. Tackleberry as I am peacefully wading down a stream.

[Flysmallie]

Sgt. Tackleberry

:lol:

[ozark trout fisher]

OTF, again you come on here and make an butt out of yourself. If you can't respect the landowners wishes then you have no business being on their property. It doesn't matter what law you are quoting when you are out in the middle of no where confronted by a landowner. Whether you are correct or not does not matter at that point.

It's that stupid "It's owed to me mentality" that is ruining this country. A little respect goes a long ways. And I think that "navigable" refers to being able to transport commerce. That doesn't mean that just because you can fit your yak down the stream, it's open for business.

Thank you sir for the kind words. I do apologize for ruining our country.

I figure if no one thinks you're an butt you're probably not standing up for what you believe.