Trespassing????

Discussion in 'Arkansas Flyway Forum' started by lucky_man, Jun 26, 2018.

  1. gadwall52

    gadwall52 Elite Refuge Member

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    33.Cfr 328.3 of the us code defines the OHWM. The USCOE identifies the OHWM as evidence of submersion except for MAJOR FLOODING as per their guidance . The courts usually defer to them in questions of application . You may have file suit in federal court to obtain your rights if you have a county attorney who is in the pocket of the landowners . But the law is that the state holds title to the banks of all navigable rivers and holds these in the public trust for the use of all peoples.
     
  2. gadwall52

    gadwall52 Elite Refuge Member

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    The myriad of laws the states come up with is one reason the SCOTUS has ruled the states out under the commerce clause, that and the Northwest Ordinance of 1797.
     
  3. n c rod

    n c rod New Member

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    Years ago I went to see the Outdoor Comedian Jerry Clower. He always closed with a religious theme that I will have to paraphrase. "If you have to ask yourself if something is right or wrong, it's probably wrong and you know it down deep in your heart." I never liked to be looking over my shoulder when my gun went off. Takes the fun out of what I am doing. Just my .02
     
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  4. bullpinnie

    bullpinnie Elite Refuge Member

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    That all depends on how you look at it. When I was younger, I used to think that it was wrong that folks put up fences to keep me from hunting where the ducks wanted to go....and that it was my right to hunt them wherever I wanted to. These days, I'm building the fences.
     
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  5. brake man

    brake man Senior Refuge Member

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    The way I understand it from various legal sources who know about these things, if water is out of the banks and above the high water mark on the White River in Arkansas or elsewhere in the state of Arkansas or Mississippi and you boat across onto private property during flooding conditions, then you are trespassing. There are also clearly and legally defined boundaries even out in the middle of a cypress brake. Boundaries also apply if game is shot across property lines.
     
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  6. TheDuckSlayer

    TheDuckSlayer Elite Refuge Member

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    this is the correct answer.
     
  7. gadwall52

    gadwall52 Elite Refuge Member

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    If one can boat above the OHWM from the main channel, that must be one hell of a major flood and most likely unsafe conditions for anything smaller than a barge .
     
  8. mmayes

    mmayes Diver Forum Mod Moderator

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    Actually that's quite normal around here in KY when the back water gets up it can be sometimes 5-10' above the banks

    Mayes
     
  9. JHerr

    JHerr Elite Refuge Member

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    Tensas sheriff don't know what OHWM is. Hell, neither do I.:l
     

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