Shoal Creek Is Private Property?

[jdmidwest]

This is according to DNR's material.

What rights do I have to keep floaters (or fisherman or canoers) off my property (or lake

or pond or stream)?

Many water use questions involve private property rights. As a property owner, you have the

right to choose who may and may not come onto your property. Those who walk or drive onto

your property without your permission are trespassers. You may consider posting your land with

signs, or purple paint. This warns any potential trespassers to stay off. If the lake or pond is

entirely on your property, and not a part of a navigable stream system, you have the right to

keep trespassers off it as well. Contact your county sheriff to deal with trespassers. If your

stream is floatable, the canoer has a right to float past your property on the water, but not to

trespass on your land. If you own both sides of the stream and the bed of the stream, a

fisherman walking on your streambed may be trespassing on your land. Each situation has its

own conditions that may apply. Visit a law library or consult an attorney.

This is what I encountered last year on the upper Castor. I have also run into it duck hunting along ditches near East Prairie and south of Poplar Bluff. You can hunt from a boat, you can not drop anchor, step out on shore, or chase a cripple across the land that is posted. Landowners even get fuzzed up if you boat into backwaters flooded by large rivers and hunt their private timber. MDC does not govern the stream access, but can write trespass ticket if landowner requests. Majority of the time it is up to local prosecutor and Sheriff. Madison county does not even have a "right of way" for their county roads, so no parking and access at the bridges either. Landowner owns the land under the road system, get off of it and you are trespassing. In order to challenge it, you will need deep pockets and a good lawyer to address the situation. I feel your pain, but my wallet has no funds for the fight.

[Buzz]

Anyone who would like to help out with this situation should head on over to Chiefs new thread, http://ozarkanglers.com/forums/index.php?showtopic=27924&pid=189090&st=0&#entry189090 ,and try to fill this thing up before Chief goes to talk to the Sheriff.

[drew03cmc]

Oh Jesus. I see what I missed was not just the fishing and camaraderie, but the chance to see a landowner make an butt of himself.

Access laws are a cluster at best, and the way around it is to ask permission. This is not always feasible, nor is it necessary on a Pub-non-nav, but the uneducated and ignorant among us don't quite comprehend that. They think that just because their property line says their land ends here, they have the right to keep people off "their" stream. That is not the case in Missouri (Kansas is another story for another time), and until the state makes this known.

One way the state could do this is to send letters detailing the findings of the Elder case as it pertains to flowing water and floaters/fisherman to all landowners who own land that butts up to, or land that contains a stretch of PNN water. I think this simple act could curtail a lot of these situations. These letters could be included in the property tax declaration forms you receive every year. They could send them every year, or every other year and see if the complaints decline.

[Wayne SW/MO]

You have to be careful about pushing for resolution to the problem. The Farm Bureau, a glorified insurance company now, loves to appear as the savior of landowner rights. They have a lot of money to spend making their policy holders happy.

[Chief Grey Bear]

I have an 8am meeting with the sheriff in the morning. And yes I had a warrant for my arrest.

Also we have had almost 500 views on the "Petition" thread but only about 25 brave enough to sign on the dotted line.

This effects/affects all of us. If you like to fish the waterways of this state, you need to make your voice heard.

[Trout Commander]

I have an 8am meeting with the sheriff in the morning. And yes I had a warrant for my arrest.

Also we have had almost 500 views on the "Petition" thread but only about 25 brave enough to sign on the dotted line.

This effects/affects all of us. If you like to fish the waterways of this state, you need to make your voice heard.

NO WAY. For trespassing or did he make some stuff up?

[woodman]

I'd make a drive back down their if it would help....All of us....tresspassing my --- Where is it posted on the access points or in the MDC fishing stream regulations (NO WHERE)...

So are we going to throw (Chief) one of our own to the (Gestapo State), and say nothing or sign the free kin pettition.... Or whatt......

[drew03cmc]

I have an 8am meeting with the sheriff in the morning. And yes I had a warrant for my arrest.

Also we have had almost 500 views on the "Petition" thread but only about 25 brave enough to sign on the dotted line.

This effects/affects all of us. If you like to fish the waterways of this state, you need to make your voice heard.

Don't call me out on this you criminal! I will go sign now however. I just got home and cleaned up from work if that tells you where I spent my time today.

Really, what was the warrant for?

[FishinCricket]

Don't call me out on this you criminal! I will go sign now however. I just got home and cleaned up from work if that tells you where I spent my time today.

Really, what was the warrant for?

Truly, I just don't understand what he did that he could have been arrested for?

[woodman]

Probably touching a gravel-bar ( which was 6-8 foot lower than surounding pasture, in the flood zone low-water mark) with ones foot.