River bank fishing, legal question

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River bank fishing, legal question #22278 04/06/10 03:06 PM 04/06/10 03:06 PM
Joined: Dec 2000 Posts: 1,417 Cullman,Al. F fingers OP 8 point
fingers OP 8 point F Joined: Dec 2000 Posts: 1,417 Cullman,Al.	My parents have property that borders a small river in Cullman Co.This land has been in the family for many,many years.As a kid I waded and walked up and down in the river and on the banks fishing with no problems.However over the past few years folks have built here and there.Most are out of towners and have no idea who I am or my family.I guess my question is,is it legal to wade up and down a river or big creek and walk the banks if you have access to that body of water legally.I have no intention of getting on anybody elses land if I do not have permission but I have heard there is a right of way of some sort on rivers.I could not find an answer yet, just wondering if anyone might have some insight on the subject.

Re: River bank fishing, legal question #22279 04/06/10 05:43 PM 04/06/10 05:43 PM
Joined: Dec 2003 Posts: 9,763 Cleburne .308 14 point
.308 14 point Joined: Dec 2003 Posts: 9,763 Cleburne	I'm no lawyer but I did stay at a Holiday Inn Express last night... It's my understanding that the bank belongs to the land owner, the water does not. The issue might or might not be whether it's navigable waters, honestly I'm not sure about that. "When you've stared down the barrel of a shotgun in your own home, 3rd & 20 don't seem too bad"......Ken "Snake" Stabler

Re: River bank fishing, legal question #22280 04/06/10 06:00 PM 04/06/10 06:00 PM
Joined: Jul 2009 Posts: 49 bankhead forest B Brian R. spike
Brian R. spike B Joined: Jul 2009 Posts: 49 bankhead forest	the way i understand it is the land owner only owens down to the high water mark.But doesn't mean he want shoot all the way down to the water though.

Re: River bank fishing, legal question #22281 04/06/10 07:38 PM 04/06/10 07:38 PM
Joined: Feb 2002 Posts: 44,357 North Alabama W Wiley Coyote Freak of Nature
Wiley Coyote Freak of Nature W Joined: Feb 2002 Posts: 44,357 North Alabama	I've heard a similar question asked about floating small rivers that run thru private property. The scenario was about stopping here and there to camp, look for arrowheads, etc. The answer was that the property line is at the center of the normal waterway and as long as you were floating you were legal. When you physically make contact with the riverbed, riverbank, etc you are "technically" trespassing. If this is true, you'd be trespassing if you left your property while walking in the water same as if you were on dry land. Get the F out of the BATFE. The F is guaranteed by the US Constitution. Those other letters are not. NRA Life Member

Re: River bank fishing, legal question #22282 04/06/10 08:38 PM 04/06/10 08:38 PM
Joined: Dec 2004 Posts: 25,428 Guntersville, AL IDOT I am Cornholio
IDOT I am Cornholio Joined: Dec 2004 Posts: 25,428 Guntersville, AL	Quote Originally posted by Wiley Coyote: I've heard a similar question asked about floating small rivers that run thru private property. The scenario was about stopping here and there to camp, look for arrowheads, etc. The answer was that the property line is at the center of the normal waterway and as long as you were floating you were legal. When you physically make contact with the riverbed, riverbank, etc you are "technically" trespassing. If this is true, you'd be trespassing if you left your property while walking in the water same as if you were on dry land. Fingers, be careful taking advice from Ole Wiley, he lives on a mountain and they are lucky to have pond on that sucker much less a river or stream. He is spot on though Originally Posted by Patricia Heaton If you’re a common sense person, you probably don’t feel you have a home in this world right now. If you’re a Christian, you know you were never meant to.

Re: River bank fishing, legal question #22283 04/06/10 09:42 PM 04/06/10 09:42 PM
Joined: May 2002 Posts: 8,031 Central Alabama M muzziehead 14 point
muzziehead 14 point M Joined: May 2002 Posts: 8,031 Central Alabama	Rapairian waterways. The waterways are there for your access, but the buck stops once you set foot on mother earth. "Don't cling to Mistake, just because you spent a lot of time making it."

Re: River bank fishing, legal question #22284 04/07/10 06:08 AM 04/07/10 06:08 AM
Joined: Apr 2000 Posts: 4,293 auburn 007 10 point
007 10 point Joined: Apr 2000 Posts: 4,293 auburn	Quote Originally posted by Wiley Coyote: the property line is at the center of the normal waterway and as long as you were floating you were legal. When you physically make contact with the riverbed, riverbank, etc you are "technically" trespassing. If this is true, you'd be trespassing if you left your property while walking in the water same as if you were on dry land. We hear this question a lot from fellow duck hunters. What Wiley said is verbatim what we have been told by two different wardens. If you do the things you need to do when you need to do them then someday you can do the things you want to do when you want to do them.