Now This is Interesting Reading

[BarryBobPosthole]

I came across this quite accidently while I was looking for information about something else. Once I started reading, it kind of hooked me!

All court documents should be so interesting.

BKB

https://www.denverpost.com/wp-content/uploads/2018/02/1-complaint.pdf

[quercus alba]

I read it and I still don't have any idea if the old man can fish in the river without trespassing. I could have written ten sentences a lot simpler and said the same thing provided I knew what was being said

[DeputyDog]

There was a similar issue in Indiana along the shore of Lake Michigan.

https://www.nwitimes.com/news/local/govt-and-politics/u-s-supreme-court-wont-change-indiana-ruling-lake-michigans-shoreline-belongs-to-all-hoosiers/article_070219f4-4ba0-50a0-ab2c-eb32a667c486.html

The state Supreme Court ruled that the state owns up to the “high water mark”.


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[Bwana]

If you think this issue is interesting as it relates to fishing access, wait until the issue of mineral rights in a petroleum rich area becomes the focus!

[BarryBobPosthole]

I just thought it was an interesting case to run across. The southern border of Oklahoma with Texas is the Red River. seems easy enough, but then oil was discovered iin North Texas and they drilled to right up in the riverbed and sometimes in the river itself. Oklahoma claimed that when the boundary was established was back in Louisianna Purchase days the south cut bank of the Red is the boundary. There was actually a war called the Greer County war. The SCOTUS finally ruled that its the south bank.
dad gum Texicans.

BKB

[Thumper]

So, if I have waterfront property and the privately owned land ends and public land begins at the "high water mark" ... and I build a dock, am I trespassing on public land when I build it? Who owns the dock I paid for? Me? Or the State? If someone is injured while on that dock, do they sue the State? Or my homeowner's insurance? I'm confused.

Oh yeah, it sounds like Mr. Warsewa is an old curmudgeon. ;)

[Bwana]

Thumper, in ND the law states that any "project" on sovereign land, land below the OHWM of a navigable water body, requires a permit from the managing entity which is currently the Office of the State Engineer.

Sovereign lands here are defined as those lands below the OHWM of a navigable water body which are held in trust for the people of the state.

[DeputyDog]

In Indiana you own the dock and others can’t use it without your permission, but the water around it is state property.

At least that’s how it applies to public lakes. If you own a large chunk of property and have a large pond/small lake, it’s a different story.

I believe on “navigable” waters such as rivers and Lake Michigan, you have to have a permit to place a pier.


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[Arty]

That’s something worth suing for! Imagine getting shot at at your favorite fishing hole.


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