Westover Farm Experience Sept 15

[Project Healing Waters]

Last time I checked, destruction of private property (vandalism) is a more serious crime than trespassing under MO law. But people can justify anything they feel like doing.

"There is a way that seems right in one's own eyes, but the ends thereof is death." Proverbs

Moral: the property owner who "defends" his private property rights by seizing or damaging a trespasser's vehicle, shooting "warning shots," etc. is at FAR greater risk of a criminal conviction and civil judgment than the trespasser is. MOST landowners are smart enough to know this. MOST of the bluster and stories are myths from "the good ole days."

Navigable Waterway is the key with regard to trespass rights. If the stream was ever used for commercial navigation (including floating logs down it to sell) to ANY extent, then floating it or walking it BELOW the high water mark is LEGAL. Access is still an issue that can get you in trouble though. You must access it at a public spot or get permission from a private landowner. If the stream was NOT used commercially, then this does not apply and state riparian rights laws rule the day. Lizard summarized that well: own both sides, you're the boss. Own only one bank, and you only control to the the historical high water mark.

But...as Al said...discretion is the better part of valor. Choose your battles wisely...and safely. If you end up in municipal or county court, a local landowner is going to usually prevail. If you can take the issue to state or federal court, the LAW will usually prevail. And you have to SURVIVE to get to the courtroom in the first place. In the end analysis, I have NEVER had a problem with private property trespass priveleges. ONCE I was refused permission to hunt, but never to fish. And that one time I was giver permission to hunt in the future the very next day. It seems the outfitter put us on the WRONG field to shoot geese...something he is infamous for, but we didn't know that. After I apologized and explained, the landowner gave us permission to hunt his land (thousands of surrounding acres) ANYTIME we did NOT use that outfitter. LOL

Moral: shine your boots (so to speak) and ask politely FIRST. Tell them who you are, where you're from, that you will fish strictly C&R with barbless hooks, what vehicle you will ALWAYS show up in, give them your cell #, etc. and ask permission for THE FUTURE. Don't walk up in waders and a fishing vest! FYI, if you are a member of the nearest FFF or TU chapter, mention that. It helps. In my experience, BASS and NAFC membership doesn't help. If you see property posted "No Fishing," then don't even ask. Go ask the nearest unposted neighbor. This way, you too can bat 1000 on getting trespass priveleges. And you will find that quite often you will get MORE than you asked for.

[CreekGuyBri]

 

Hi all (or anyone still here lol).  This is reaching WAAAY back in time on this thread, but I did a search and here I am.  I know Westover is under new ownership and doing great stuff with the property and fishing.  Has anyone fished Dry Creek lately?  I fished it for the first time a few miles downstream from Westbrook and caught a couple things.   (I had fished Dry Creek where it dumps into the Huzzah last summer and couldn't catch anything at all, except I think a single shad - it was that bad (or maybe I was at fishing that day haha!)).  Anyway I see some of the discussion above about the accessibility and such and was wondering if anyone had any updates or anything.  I saw no purple paint or signs so I got in the water and away I went.  (I certainly wouldn't mind asking permission if I had to). 

[Gavin]

Westover purchased allot of property below the bridge several years ago. Easiest way to access is to pay the daily rod fee. Think its $55. Watch out for the electric fence.