Shoal Creek Is Private Property?

[FishinCricket]

nevermind the fact that we weren't "trashing" the place or "tearing up the property", avoid the many pieces of trash that have found there way out of the creek and into the bottom of my boat, ignore if you must the notion that none in our group even possess a stringer... Set all that aside, and lets talk legality here, whats the ruling?

We are floating between two public access points on Shoal Creek and staying either in the boat, in the water or on the gravel bar...

Are we legal?

Cause if so then I'd like to know what I need to do to get that in writing... Cause Mr Prater (I believe that's what the the gentleman in the black ranger with the pistol strapped to his hip said the landowners name was) and the local Sherriff's deputies, who came down and forced us to go downstream and be gone from Mr Praters private property,they need to know the law... (or I need to be properly informed.. Which is it?)

[fishinwrench]

Was anyone cited for trespassing ? If not then you were legal....and the deputies were just keeping the cranky landowner in their side of the ballot box, by ushering you downstream.

That's the way I would interpret it

[Danoinark]

I think I would contact the State Attorney Generals office for an opinion. Then send that opinion to the Sheriff and the landowner. (certified mail of course).

[fishinwrench]

I think I would contact the State Attorney Generals office for an opinion. Then send that opinion to the Sheriff and the landowner. (certified mail of course).

Id be suprised if the AG would indicate that you were unlawfully harrassed by a LEO.... whether you were or not.

Id expect the AG to give you the tired old "gray area" speech.... but of course you could point out that "gray" should mean neutral... and it ceases to be neutral when forced action is taken upon one of the parties.

This could be a popcorn post.

[troutfiend1985]

nevermind the fact that we weren't "trashing" the place or "tearing up the property", avoid the many pieces of trash that have found there way out of the creek and into the bottom of my boat, ignore if you must the notion that none in our group even possess a stringer... Set all that aside, and lets talk legality here, whats the ruling?

We are floating between two public access points on Shoal Creek and staying either in the boat, in the water or on the gravel bar...

Are we legal?

Cause if so then I'd like to know what I need to do to get that in writing... Cause Mr Prater (I believe that's what the the gentleman in the black ranger with the pistol strapped to his hip said the landowners name was) and the local Sherriff's deputies, who came down and forced us to go downstream and be gone from Mr Praters private property,they need to know the law... (or I need to be properly informed.. Which is it?)

AGGGHHH. You can't say with 100 percent on way or the other. The ruling is that you could create a law school final with this. The problem is that MO has a very gray law on this. Cricket, in all honesty I think that you should call up either the attorney general or maybe even just a local attorney who specializes in water rights. First thing I would do is complain about this guy. Especially with the facts that you accessed this stream at a public access point, and were floating on the stream. How long has Shoal Creek had public access(and this is a sincere question on my part)? I think that maybe you should call up the MDC too, complain that this guy is harrassing floaters.

PM Sent.

[Chief Grey Bear]

http://www.dnr.mo.gov/env/wpp/vmqmp/vwqm-intro05.pdf

http://ago.mo.gov/opinions/1971/264-71.htm

http://ozarksfishin.wordpress.com/2011/03/14/are-you-trespassing-while-fishing-in-missouris-streams-creeks-and-rivers/

http://mdc.mo.gov/fishing/places-fish/tresspassing

http://habitat4all.org/directory/Reference%20material/MDC%20Water%20Rights.pdf

[Hopper]

I think the same float in October would be great, since it appears through chiefs research we were perfectly legal. Other than Mr. "D" Prater's herasement the outing was a great success in my opinion.

Gregg

[duckydoty]

Looks like you guys had a great float. I sure was a beautiful day to be on the water yesterday. Sorry we missed out on it. I think I might have enjoyed the harrassment part of the float. Prolly a good idea we didn't show...might have ended up behind bars for the night. I wonder if the conservation agent of the area would be interested in the fact that you guys were harrassed while legally persuing game fish in the state of Missouri through an access that the state has provided for you?

[Justin Spencer]

I would encourage everyone who might run into this problem to print the Chief's last link out and carry it with them when they float. I've never been able to get a straight answer from a CO or water patrol on this, but seeing this in writing clarifies things greatly. Wouldn't it have been nice to hand that ruling to the Sheriff's deputies? Great Job Chief! Looks like if you are fishing you are safe, if you pull up and are just loafing you may not be covered by this ruling.

[Smalliebigs]

Man, it looked like a sweet float!!! I know I used to wade the Shoal with my dad back in the 80's and had no problems.I'm kinda glad I didn't go, like Ducky said I would be in the hands of Newton County calling my beautiful wife for a bailout. Did this piece of crap just come out of the woods with a pistol brandished or was he waiting on his sand bar????? I mean, I float with a piece but it is in my box and secured to the boat but, I would never threaten anyone when I have my pistol on me.That would jepordize my C&C and Curio & Relics.....what a turd bag harassing a bunch of guys floating on a Sunday who frequent the OAF........FREAK!!!