Jolly Mill area private property?

[mhall02]

Went fishing near the mill today, parked next to the bridge.  Fished under the bridge, just downstream and upstream from the bridge maybe 100 or so yards.  Caught and released a number of small browns and a few nice rainbows.  All released.  Right when we were getting ready to leave a lady stopped and stated the park was closed and we couldn't fish there... WHAT?? Since when? We peacefully left since we were done anyway, but when did that change?? And how did those trout get there, do the guys drop the trout in from the bridge, or do the walk across this 'private' property to stock the trout?

Fished there for years in the 80s, but I guess things have changed....

[tjm]

In the '80s all of Capp's Creek was private, MDC just had an agreement with 2-3 of the landowners that we could fish there. The park changed management to a restoration group in the late '80s and MDC  acquired the dairy farm in the early 2000s and developed the CA.

The park should be open dawn to dusk everyday but they charge $5 to park there, have for many years. I don't know if MDC is still stocking the Park area or not, but having to pay, and having been hassled there a couple times, I think they shouldn't.

[mhall02]

I would say based on the size and number of small brown trout we caught, it must have been recently stocked.  If MDC stocks the trout on the park property, access cannot be denied.  This begs the question, where are the fish stocked at? I've never been there when they stocked it.

[tjm]

14 hours ago, mhall02 said:

If MDC stocks the trout on the park property, access cannot be denied. 

Can you show me that in the law? They used to stock 1000s of farm ponds and public was denied access to most of them, IIRC MDC stopped the pond stocking when they found out they could not force access on the land owners, but, I may  be mistaken. In any event the park allows access during daylight, they just charge for parking. I'm not sure the landowners above the park have ever allowed access, and that would be about half of the ~4 mile Management Area.

[mhall02]

There is a big difference between a farm pond and a navigable waterway....

[mhall02]

Guess I'll bring a canoe next time LOL.

[trythisonemv]

2 hours ago, mhall02 said:

Guess I'll bring a canoe next time LOL.

It is not private in the water... Just on land across from park. The park is public and a lady cant tell you not to fish there

[tjm]

A Landowner there told me that we could wade in the creek but could not use boats, unless he granted permission. 

5 hours ago, mhall02 said:

There is a big difference between a farm pond and a navigable waterway....

It's not about being able to run a steamboat on it, or a canoe, it's about the stocking of fish and how that does or does not open up private land to public use. A statute that I can quote to those people please?

[tjm]

4 hours ago, trythisonemv said:

The park is public

The park is open to public use, but I don't think it is public. It's only public if it is owned by some Government or another, Feds, State, City, County etc. My research shows the Jolly Mill Park Foundation, a private entity, as the owner. So it is private but open to public use, and I believe the Foundation can make and enforce  whatever rules they want, I know I have been told to leave the park property right at sunset. Twice, by different park persons.

[MoCarp]

https://en.wikipedia.org/wiki/Jolly_Mill