Trip Report - 3/29 And 3/30 And An Armed Confrontation With Landowners

[fishinwrench]

Well, one of you broke the law. Either you were trespassing, or he (they) were harassing/terrorizing people unlawfully, and if either of them by chance had a few drinks with dinner then they are additionally guilty of unlawful possession of a firearm.

The only reason I can fathom for you to "handle it directly with them" is if you feel that you broke the law.

Otherwise you are choosing to attempt negotiations with possible felons. No?

I'm afraid you may have dropped the ball by not calling the sheriff soon after the confrontation took place. Did you not have cell service, or the other guys not have access to a phone or be willing to show deed to the land?

How far away was their house?

Seems that if you are going to run someone off of a piece of non-posted land while packing a firearm then you should be required to show that you do indeed own it.

For the time being I would not refer to (them) as "the land owners", because they may not even own the land.

[Mitch f]

Nice report Hoglaw and congratulations on your new marriage. This is a very interesting situation, can't wait to hear the story unfold!

[Feathers and Fins]

Kyle I am not sure if you knew this or not but CC issue has been brought up before on its navigable status.

http://ag.arkansas.gov/opinions/docs/97-047.html

Precedence: issues are there to show it is, such as its numerous listing in fishing reports and paddling guides. So long as you were below high water it would appear you were legal IMO and im not a lawyer. Now as to anyone harassing a hunter or fisherman that is a clear violation of law.

There is no way I would allow an armed conflict to not be reported if I were involved and would have made an immediate report to LEO, I am curious if you did that?

[Jason R.]

I think Hoglaw may feel that a lawsuit and/or getting cops involved is not always the best thing. This is a very controversial issue- I sort of know the lawyer for the AGFC (I know his son) and he has been working on stuff like this- with only marginal success to my knowledge. I may or may not also be a lawyer and I believe I would do the same as Hoglaw. Even for a lawyer a personal lawsuit can be expensive and heck- you could even lose and set an unwanted precedent. As for having a rifle waved around me and my woman, I very well might have flipped out and called the sheriff if possible.

[KCRIVERRAT]

I'm so sick of hearing about "landowners" confronting floaters. And I'm sick of the darn gray laws pertaining to the issue. Hoglaw... being a lawyer you seem to have a grasp on the issue (in Arkansas anyway). Nail this redneck.

It'd be a perfect world if nice landowners confronted floaters who fish and respect the rivers. Happened to me on Bryant Creek on the Missouri side. BUT... there are too many instances where a screwed up country bumpkin who thinks he owns the gravel bar confronts decent people (Meremac anyone?).

And there's also the opposite scenario. Nice landowner confronting a group of people disrespecting the river or creek.

Will our state and federal governments ever grow a set? I seriously doubt it. We're on our own so keep floating guys and gals. Those who respect our waterways will most likely get by.

[Jerry Rapp]

Will our state and federal governments ever grow a set? I seriously doubt it. We're on our own so keep floating guys and gals. Those who respect our waterways will most likely get by.

most likely get by? And if not? And it is just a matter of time before someone pulls a gun on someone who pulled up on "their spot" in a tournament. Be it on a lake or a river. It is a sad world we live in. Isn't a gravel bar just a gravel bar?

[KCRIVERRAT]

most likely get by? And if not? And it is just a matter of time before someone pulls a gun on someone who pulled up on "their spot" in a tournament. Be it on a lake or a river. It is a sad world we live in. Isn't a gravel bar just a gravel bar?

Settle down Rapster... like I said, see the Meremac incident. You'll have to figure out if your county government supports floaters rights on top of the state and federal do-nothin's. I'm sure you've done that though. A gravel bar IS just a gravel bar, until the high water mark argument presents itself in a bad way.

And jeez brother... if tourney anglers ever resorted to that... you're right, our outdoor experiences, or at least the one's I enjoy, would take a serious hit from

[fishinwrench]

I know that around here people get run off from places by jackasses that don't even have a right to run anyone off.

They just decide that they 'own' some land and start treating it like they do. Hoping (I assume) to one day own it by adverse possession. That's Horseshit !

There's a crapload of unattended/unmaintained property within 5 miles of me, so maybe I should just start nailing signs on trees and running people off from it.

Maybe it's time to start requiring deed record #'s on all No Trespassing signs before charging someone with trespass.

[KCRIVERRAT]

Hey Wrenchie, I'm gonna invest a ton of money in purple paint. We'll score via the stock market. Wanna criss-cross the country with me and score some land that we don't own? Seems easy.

[Jerry Rapp]

it is pretty common sense. All that a judge has to say is that a gravel bar is open to the public. It is not rocket science. As for as the bass tourney guys, it will happen some day. One of the 30% real unemployed will need a couple of thousand to make it through the month.....or maybe that is too extreme, they will just go to their live boxes,