Trespass

[ness]

I didn't say pure. Living a colorful life and being respectful of others are not mutually exclusive traits. Also, one gets "convicted" of murder or rape or beastiality, not speeding. That's a nuisance that your attorney handles when he's not chasing women.

Oh, I got convicted. Look it up on my county's web site.

[joeD]

Really? That's kinda funny. " I know, everybody funny, now you funny too." With that in mind, I'll have a bourbon now, since I've already had a scotch and a beer.

[Al Agnew]

While doing some research, I found a letter from Attn John Danforth regarding the matter on the St. Francois River in 1971. It lists the navigable streams of MO. And it references Elder v Delcour.

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

The decision circa 1954. The camping reference was to pull over and eat lunch or make repairs to the boat, not overnight camping.

http://scholar.googl...s=1&oi=scholarr

And it simply states the banks of the stream, but does not define how far the easement extends from the water edge.

JD, the Danforth letter is the one I referenced in the other thread, that said the Little St. Francis (not the St. Francis) would have to be determined whether or not it was legal to float and wade or not, and as a guide to check which streams HAVE been determined to be subject to "public easements". Since the Little St. Francis is as big or bigger than Indian Creek, which HAS been declared in court to be a public highway, I suspect the county attorney figured that the Little St. Francis probably was also subject to the public easement.

As for streams listed as navigable or not, as I also said in other threads, a ruling on "navigability" has nothing whatsoever to do with whether or not a stream is a public highway in MO. As I remember, the ONLY stream sections in our area that have ever been ruled as navigable are the Missouri, Mississippi, a short section of the lower end of the Gasconade, the Osage below Bagnell Dam, and I'm not sure but I think the lower end of the Current below Doniphan. On true navigable streams the public also owns the river bottom, but since almost all Ozark streams don't qualify that means little.

I will agree that you may be right about the word "camping" as applied to Elder v Delcour. However, since there is a very long history of gravel bar camping on Ozark streams, I think it fairly likely that a court would rule that overnight gravel bar camping is allowed.

[joeD]

Aww Dad, we're not done yet. Facts shmacks. Buzzkill.

[FishinCricket]

Thanks Cricket, I didn't notice that. That dang "D" is right next to the "S" you know?

You were half right, though.. I AM a card, I sell cars...

[ColdWaterFshr]

Ness would like you to believe that he hung up his wild years long ago. But I offer as photographic evidence, this disturbing little snapshot taken within the last couple years . . . .

Here we have Ness in the act of discharging an unlicensed, homemade/improvised firearm (in this case a 600 mph potato with Aqua Net as propellant), OVER a Federally protected National and Scenic Riverway, with an innocent puppy and young children in the nearby vicinity. My question is, would all the violations shown here fit on just one page of a Park Rangers 4 x 6 inch ticket pad, or would he need a 2nd page?

[Justin Spencer]

Here we have Ness in the act of discharging an unlicensed, homemade/improvised firearm (in this case a 600 mph potato with Aqua Net as propellant),

I assume he was probably shooting at a mountain lion that was endangering his life.

[ColdWaterFshr]

Justin,

Yes, if'n yer definition includes domesticated "cougars".

PD

[ness]

...searching the archives. Be back soon.

[ColdWaterFshr]

uh-oh . . .