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

[joeD]

Huh? Did I miss something? Wasn't the thread topic "...Armed Confrontation?" Was asking where this incident occurred so out of bounds?

But, as usual, I have offended. So, the point of thread is, now, my indiscretion, and the umbrage many have taken with my choice of words.

And the attendant glee with which other posters can pile on, affording the opportunity to give their own negative opinion of me and who I am.

Fair enough.

Hoglaw: You are correct. I am a female, or at least I am becoming one. Due to my weight issues, I seem to be growing a nice set of breasts. In fact, my nipples can rival any 18 year old co-ed. Thus, and I mean this sincerely, I have no problem kissing your, or any other swinging dicks on this forum"s, behind. Hey, as the immortal Lady Gaga says, I was "Born That Way." I can't help it, I was reared this way. I couldn't leave my brother's behind. So, I guess, in a manner of speaking, Hoglaw (or anyone else), if you are ever in Fenton MO and at loose ends, please feel free to give me a call. You never know....

[cjgentile13]

Soooooooo.... When we gonna see the pictures of these smallies???

The pictures were the only reason I kept reading this thread haha..

[gotmuddy]

If he owns 5 miles on either side of the creek he will obviously have a bunch of money and the sheriff is his friend. Interesting that he handled it like that. I have met several landowners on the creek downstream from there and they have all been nice. one time I was wading and met a guy on an atv that had a .22 on the front rack. very nice person. Never camped though.

[1969Larson]

Thanks for sharing the info... I'm interested to know how this turns out. Please ignore the incessant whining and keep us updated.

[1969Larson]

If he owns 5 miles on either side of the creek he will obviously have a bunch of money and the sheriff is his friend.

Just because you have title to a lot of land does not mean you have money... especially in Marion County.

[YellanMan]

Kyle, congrats on getting hitched! Me and Kevin were talking about trying to get Clay to host another float trip sometime soon. Heard that they improved the road to the put in but the take out and road from the cabin still sucks. Maybe if we both pester him we can get a trip planned.

Hate that that happened to ya. You are handling it the right way. I have had a few incidents like that on different waterways across the state and have been on both sides of the argument. There is a lot of misinformation out there in the general public and the law isn't as clear as it should be. Even if CC has been declared a navigable waterway due to the history of recreational use there is a gray area as to where the rights stop. It would be really great if a judge would declare that a use such as camping on the gravel bar which is below the normal high water mark is within the public's rights. Obviously the landowner knows that he cannot stop people from floating and fishing but many landowners believe that they own the gravel bars and can keep you off of them. I'm sure the landowner's interpretation of the precedent will be different than yours and in the end a law suite will probably be the only way to prove it. Glad y'all caught some good ones.

Kitchens

[David Unnerstall]

Paul Dallas and I gave up on the Doobies when they got that Michael McDonald dude! And to top it off Dylan's went and gone electric!

I agree. McDonald is from my neck of the woods but that voice is hard to listen to.

[MOPanfisher]

Just came back from a float down Crooked Creed from Harmon to Pyatt. We did notice one pretty nice gravel bar that was about the right location for us to camp on, but noticed 2 "Posted No Trespassing" signs on trees up at the far side of the gravel bar. Honestly I couldn't tell if the landowner was trying to let folks know that above that spot was "keep out country" or the whole gravel bar, either way we moved on down a few holes and found a pretty good spot on the other bank, with no land access that we could see and had a great camp/float trip. Beautiful, fishing was decent with no huge ones, but several nice smallies, and gogglers, kept enough gogs and green sunfish to have a good fish fry at the take out point at the AGF ramp at Pyatt. Only folks we saw was 2 teenagers in kayaks until we got close to Pyatt and got into 4WD pickup range, then several, all past Orchard Creek (I think that was the name, big beautiful gravel bar, cold clear tributary into Crooked Creek a little ways before the start hitting the train tracks). Anyway good float, good times, great friends, no cell service what more can you ask for.

[SmallyWally]

Thanks for ALL the info MoPanfisher.

[Brownie Whisperer]

So, HogLaw, where are you on this issue? Has there been any resolution? I for one would pitch in and help with fees if needed. Most of us out here don't have your education, nor the access to the information and rescorces, it takes to win a 'McCillroy' type suit...

I have been waiting for YEARS, litterly, for one of those jacka--es to show their colors to an attorney out having a day of fishing fun.....

I don't understand the land owners position (I am a land owner, on a stream with small mouth) and their god like mentality about things... Honestly i feel it's a huge misunderstanding for the most part.... We ( River Smallie fishermen) get lumped in with drinking floaters, and party go-ers, who leave trash and they're sign every where...causing some land owners to just blame all creek users.....

But the bottom line is, they don't have a right to harrass any one.

The water and it's recreational use belong to the people.

Most conciensious Brownie hunters, care....they care about the fish, and the enviroment they live in... Most practice C&R, or harvest smartly.... (only C&R for me)....

Try fishing Spring creek west of hwy 12...... they use FOGHORNS and MEGAPHONES on you, and throw rocks in the water there..... the fishing is awesome, for skinny water.... 14-16" fish with regularity in great numbers....And the best part is it's a tributary of the Illinois..... which happens to actually be on the federal navigable waterway list.... This one would be a great set up to get the ball rolling...

The other end of the note is that the local authorities need a direction to follow as well... they DON"T know what to do, so too often they side with the land owner and you get booted..... What else can they do? Theres a huge need for resolution here.... Maybe our state reps can step up here????? Maybe other fishing Attorneys can PM Hog LAw, and you pool your rescorces, and knowledge???

At any rate HogLaw..... there is a need.....and you are in the right, moraly, and legaly..... the prescedence just needs to be outlined and set in stone, with a judges signature, and the AGs opinion in writing on the specific subject.

We owe this to our children, it's one of the most valuable natural resources this state has.