Those things you get to thinking about...

I just called a reneged on a "deal" I made last night. Guy called the house asking for permission to access the river so he could hunt coyotes. Iowa has a screwed up law that allows the public to hunt and fish on "navigable" waters (to the normal high water mark). Unfortunately they don't signify what waters are navigable and their definition is something like "able to float a boat 6 out of 10 years in normal water conditions". Anyway, this is *constantly* creating a stink between adjacent landowners and folks who think once they get to the river they can just run anywhere.

I allow people to walk in and fish on my stretch of property and I first told the guy he could cross my land to get to the river. Got to thinking about it overnight and it got to working on me. There's really nothing significant to hunt, that side of the road, on my place. The two land-owners above me (several hundred acres) keep their ground for family and friends. I have full access to one anytime and to the other by permission. Ice on this river is notoriously unsafe and there's no way he's going to be able to hunt without trespassing on somebody's dirt. Finally decided to the whole thing didn't pass the smell test. On reflection I could see nothing good coming of this. Found his number, called and backed out..

No particular point to this except.. I wish I thought better "on my feet" sometimes. Ever have those "things" where you think, "Wish I'd have done that different." ;)

All the time. My wife is a quick thinker and comes to these conclusions in a heartbeat. Pisses me off sometimes. I have to brood over them.

BKB

You also have to consider liability. If you give him permission to enter your property and he gets hurt ... ya' better be looking for a good attorney.

Now that's weak sauce. Hopefully nobody listens to you cause then nobody could hunt or fish anydamnwhere.

Ya dang jailhouse lawyer.

BKB

I believe Arkansas has the same law. You pay taxes to the middle of the river, but if it's navigable, you have to let folks up and down it. But they can't step foot on your land. I might be wrong on that, but that's what I think is true.

My take on your situation is..........it depends 100% on the guy.

Up here those lands below the Ordinary High Water Mark (OHWM) on a navigable waterbody are referred to as Sovereign Lands and are held in trust for the benefit of the general public. Much like there, hunting, fishing, and trapping is allowed on these lands unless posted otherwise. That being said, some areas may have special limitations which are set by the Game and Fish Department. For example one such area close to town is open for deer hunting but not with a centerfire rifle.

Regarding access to these lands, the adjacent landowners have every right to who or if they allow anyone to cross their property. That being said, most such areas can be reached via a short boat ride from the nearest public boat ramp or public section line.

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Originally Posted by BarryBobPosthole

Now that's weak sauce. Hopefully nobody listens to you cause then nobody could hunt or fish anydamnwhere.

Ya dang jailhouse lawyer.BKB

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Admit it, we live in a litigious society. Don't shoot the messenger. Best thing to do if you give permission to hunt on your property is have them sign a release (or have good liability insurance). Pain in the ass? Yes. Necessary? Not really ... until you get sued that is. ;)

My first cousin lives on and runs the ancestral farm in SW Arkansas where the Fourche La Fave River cuts right through the middle of it. Its a navigable river so floaters occasionally float through. Its a tough float because that part of the river is a holes and shoals type of deal and you end up dragging a boat or canoe a LOT. So when they peter out and ask for permission to go get their friends its permission denied. He tells them don't come asking me even if your damn leg is broke. I think its mainly because some folks have told him off about trying to keep them off his farm. I can't say that I blame him. There's too much damned pilfering going on these days to allow strange folk on your land. I run off people from my parent's farm almost every time I go home. They'll try to tell my the old man gave them permission but I know better.

BKB

Thump.. you definitely have a point. This didn't figure into my thinking in this case but - when I bought the property from my dad we had 5 "cabin sites". We leased the lots - they owned the cabins. Dad was charging them some ridiculously low price (like $50 a year) so me - being the super-wise business man I was/am increased everyone to $100 a year. I also took out a $1,000,000 (that was a lot then) liability policy. After being here 10-15 years I decided I'd better take a hard look at the cabins. Come to find out, the county was taxing the sites as "commercial property" and between that and the insurance it was costing me couple hundred bucks a year to have them there. I still have the policy - the cabins are gone.

Was a big ado on our state's hunting chat site about whether it's right/legal/moral/whatever to go get your dog that has run an animal (deer, coon, rabbit, whatever) onto YOUR property. Dog guys 100% say "I'm going to go get my dog, I don't care", and landowners almost 100% say "Come on. You and the dog will die".

And it's a fun read from that point on. :)

Totally legal in VA as long as you don't bring a gun.

Depends on how many times your dog gets 'lost' on my property. I'm pretty easy going the first time.

Shooting a dog ain't illegal if he's harassing my livestock! :)

Good point.
BKB