My first thought was, "Why did you put those poor folks in a standard kayak?". I was wrong in that I thought they would both flip. Meanwhile, you two are sitting in boats.
To everybody in the comments stating that hunter fisher trapper harassment is a state law in their state let me clarify it is a nationwide federal law and that covers every single state from from the east coast to the West Coast
House Bill 1397 which would have defined or redefined navigable waterways in Georgia died in committee on 3/28/2024. The only way to get this to change is to go to the DNR board and legislatures and stay on them. At this time they are not representing their constituents.
In Indiana, u do not own the water, but the land under it, if it's navigable, public may float through, no foot traffic though, also, it must be listed as navigable on some non-existent website or library book the dnr don't even know where is!!! If it's a smaller creek/river, they just tell u it's non navigable, even though in my mind, it's clearly navigable because that's how u ended up there!!!!! Ignorant
@@packerjh2 all most ALL rivers in the US are NON navigable. Look at it this way. If the coast guard can patroll it, it is federally navig water...For instance the Mississippi River. No mater the state, land ownership ends at the rivers edge. But for MOST states with non navig water, the landowner owner owns the land under the water to the MIDDLE of the channel.
@@dustyflair Have you ever heard of “Lake Tahoe” (Nevada/California)? It has a Coast Guard station and is patrolled. Under your definition would this “lake” be deemed a navigable waterway?
Incorrect. The river bed can be owned (by an adjacent owner or otherwise). However, the ownership is subject to the navigational servitude rights of the federal government, and and any state and local laws and privileges pertaining to use. The federal rights are different and larger, from any state, local or public rights; these include the right to remove structures, and the right to govern the taking of water and channelization. Like most resources of value, the use and regulation of rivers (and accreted lands) are complicated. And the history of use and regulation guides today. A little reading can always help, but not 30 minutes... 30 hours minimum for complicated matters. Yep, i know. Most peeps can't tolerate 30 hours of reading. That's why we have a confederacy of dunces (who believe their uneducated opinion deserves equal respect as a highly trained engineer or biologist). Go read people. That phone in your hand is a tool. It can help you learn, or help you feel good about not learning. Your choice.
I knooow when you hooked that bass and it came off in the yak, as you were trying to grab the fish in the yak you were thinking, “Here’s my chance, I can not let you get out this boat”!😂😂😂
I live and fish lakes/rivers in Arkansas. My understanding of the law here, if you can navigate on the water to where you are you can fish or hunt. That includes flooded land. I have seen other videos of people fishing on lakes and the property owners telling them they cannot fish around their docks. Some property owners are just snotheaded ignorant karens. 👍😁
Used to be after a big spring runoff, the river could change course and with the river being the property line, you could lose or gain acreage. Not sure if that still applies. I recall stories in Texas where a whole ranch could disappear.
This is awesome. That's my home run. Got out where y'all put in for my first ever kayak trip less than 2yrs ago. 140 trips later.. The news crew was hilarious. Do they have teeth 😂
You can definitely fish as long as you’re floating through. And by law, you can wade and fish as long as you stay on the opposite side of the halfway point of the riverbed. If they own the land on both sides, then you can only float and fish
@@andyboog2010 That's not true for all states. I know in Colorado streambeds r owned by the landowner, but the water is considered public. Which was something I wasn't accustomed to growing up in upstate NY.
Georgia has always had some of the most idiotic laws when it comes to waterways. What it has always boiled down to is the legal definition of the word "navigable". The original definition essentially said if it could float a log it was navigable. It was later changed to essentially say being capable of barge traffic, which few GA rivers are. I've been fishing the upper Flint for over 40 years, and my family has for generations. There was never any issue anywhere on the river until some jackasses bought the land adjacent to Yellowjacket Shoals and sought to exploit the river for profit. Unfortunately, even though the DNR refuses to write tickets, the law is on the landowner's side and GA courts will side with them every time. PS - Those post-spawn fish love to chase and/or short strike, which can make for a frustrating day. The last time I fished it, I had around 40 topwater blowups and only caught 12.
@@jamessmith-hq5mr Have you reviewed the new law that the governor signed? It still doesn't clear up what is "navigable" but it does clearly state that navigable rivers are to be used by the public as highways. The flint has centuries of history of using it for navigation.
@@therivergiveth I've only skimmed through it. What you posted illustrates my point though, it says "navigable rivers" and the upper Flint is not legally considered navigable. It should be but at this point it isn't. The lawyer for Four Chimneys LLC, who owns the land in question, has already argued that point in court and won. As a lifelong river rat, I want full public access to all of our rivers, but the current law is not on our side.
@jamessmith-hq5mr yea but that case was before the new law. I guess we will have to see but the public needs to come together to fight these ridiculous access laws. Even the upper flint has been used for hundreds of years for navigation. Taken from the state website: 24 "further finds that, by the common law, the citizens of this state have an inherent right to use for passage and for hunting and fishing all navigable streams from low-water mark to low-water mark." Again, it's all about what's considered navigable. We need to make a stand. Flowing rivers affect everyone - shouldn't be privatized.
Thought the only water you can own is a pond. If you have a huge property where a creek starts you can technically own that. But can't impede someone from floating up steam if that's possible.
You'll have to make sure and share that news link I'd like to see that article. Hopefully that news person didn't lose anything when they flip their kayak.
There’s a whole section on navigable waterways that covers flooding You can’t cross boundaries that goes beyond the natural flow and consider that navigable
@@kenneth9874 yeah on the federal level I’m sure it gets pretty complicated yeah I’m just going by, but I have had experience with. I hope you have yourself a good day.
Awesome news ! … I can’t imagine a person telling someone they can’t fish a public river body because they own a home that the property line goes to the river bank 😂😂😂😂😂 I’m glad GA doesn’t allow this type of madness .
In Louisiana, in the marsh around Empire, Buras, Grand Isle and Venice has tons of private waters in the gulf. The Wakulla River is fenced off in Florida at the head waters, and the Ichitucknee is state owned in lots of the river in the park. So lots of places have private land on rivers.
That’s unbelievable that someone thinks they could kick someone off of a public river or lake. I have a place on lake Eufaula that borders Alabama and Georgia on the Alabama side. There’s some people that wants to give people a hard time when they troll around their docks. The best way to deal with someone calling themselves kicking you off the river is call the authorities.
What about the public trust doctrine? All wildlife in the US is held in trust by the state governments for public use. Seems strange that they can claim ownership of the fish in that section. I suppose it is akin to alloing people to traverse your property but not allowing them to hunt.
I fish very little but I like to occasionally. If we don’t fight for our right to fish the next thing will be people saying you can’t come by their house on the river. We already have to pay to fish ( license) .
On the lake I fish in Michigan, a land owner's property extends 30 feet from the shore into the water. That 30 foot line changes with the level of the water. An angler is legally not on a land owner's property as long as the angler remains in their watercraft. Once the angler steps out of their watercraft within 30 feet of the shore, the angler is technically on the owners property. However, if an angler stays in their watercraft, the watercraft can touch the shoreline without trespassing.
Man I’m glad I live out west. We don’t tolerate anyone who thinks they can keep people out of the people’s waterways and beaches. It’s well settled law out here.
what if you're trout fishing and only wading? Say the Chattahoochee in Helen, GA? What if someone leases both sides of the river but you got there through public water?
I do know the general rules are different east of the Mississippi versus the west. There are archaic laws east vs west. However, some changes have been made.
I’m a little confused here. My understanding is that it’s Federal law that regulates navigable waterways. No one owns the water or the ground under the water, up to 1 foot from the high water mark. So, if someone ever tells you to leave their property, and you’re in the river, I would tell them to pound sand!
Here we in Pennsylvania if you own the land on both sides of a stream the bed of that stream is yours. But the water flowing over that bed is not. If you step off the boat then you are trespassing.
Most people don't understand that there are local laws, county laws, state laws, and federal laws. CFR 33 Title: PART 329 - DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES is the fed law. The normal high water mark is public if you can or any one ever has transported goods. It uses the words canoe, logs, furs, and grain as goods and ways to move goods. If the river goes to the sea or more than one state it is US water.
So my understanding always was if you don’t touch the river bed you are golden, aka if you fish from a boat. Fishing with waders would be unlawful I believe.
1:31 you know there is a saying that is said that you can give a man a fish and he will eat for a day but you can teach a man to fish and he will eat for a lifetime there's a reason why that saying was made
It's the same in Illinois, the banks and bottoms of waterways are the property of the landowner but the water itself is public therefore if you can access a place by means of a navigable waterway you can be there but if you anchor, or tie up you are trespassing, unfortunately this means that landowners often resort to nefarious schemes in order to unjustly seize public rights of way such as stringing barbed wire fences across streams, ( then claiming that their own fence means the waterway is not navigable) and the state let's them get away with it. It's disgusting but it's not going to change anytime soon, as bills to change things get routinely ignored.
My lake is surrounded by private property, there is zero public access points. The land under the lake is also privatly owned. But rivers & creeks in a kayak are fair game i.m.o. while we dont own the water, we own 100% of the land surrounding/under it therefore you had to tresspass to fish it in anyway....
Reminds me of the vid of people who have homes along the Pacific. Their property lines start and end at the high tide lines.Not all agree of course and make fools of themselves on You Tube.
There is private waterways in Georgia. Some water ways have property tax attached to the house. I do not believe it matters, but if it was grass instead of water you would be transpassing.
What does Georgia law actually say? Some states say the land owner owns the river bed in some cases. If you can navigate the river without touching the bottom, you're good. Georgia, not sure?
The reporter stated she was headed for Wisconsin. In Wisconsin the rights to navigable waterways is enshrined in our state constitution. It is set by the highest water mark on that waterways. You can't keep people off the water as long as they enter by public property. Or have permission to enter from private property.
A State can't make laws that go against Federal law. In the United States, Congress stated in the Northwest Ordinance of 1787 that “navigable waters…shall be common highways and forever free.” The Commerce Clause to the U.S. Constitution, established in the 1820s, later gave to the federal government comprehensive powers over all “navigable waters.” If a stream or river is navigable, federal regulations and rulings apply. If it’s not navigable, control is in the hands of state or local authorities. So, in general, the federal rule of thumb is that if you can float a log down a stream or river during periods of high water, the waterway is navigable.
Army corp of engineers controls all water ways and shore line. Property rights stop at high water line Always be ready to protect yourself on the water and camping and hunting.
each state and there county's has laws and ordinances, with some laws extremely stupid. here in north carolina it's tricky and confusing to those who don't keep with the laws. I live 1/2 mile from my county line at the center of the river. a county across and a county 3 miles to my right. the river has public access now the confusing parts. in my county if land not legally posted if land owner tell you leave his property to the center of river you must do so except if you're in boat, floatation device not touching the bottom. across the outher half posted or not you must have written permission regardless whether posted or not. but floating and no portion of you touching bottom river bed your legal because no one owns flowing stream or river water public or not. county's above my county and below me has same state laws but different county ordinances . a resident or non resident should get at no cost our hunting and fishing regulation digest available most places licenses are sold such as Walmart. according the situation and individual wildlife officer at there discretion if you get ticket,warning, arrested. don't argue with officers or passengers them off ,it won't go well for you. any rebuttals tell it to the judge. know your own state laws and county ordinances ignorance of the law is no excuse the judge says. papa wishing you well 😊
I'm just confused because those look like smallmouth we have River bass here in New York they are called smallmouth the fish that you guys are catching look exactly like smallmouth River Bass
That crappy law has been in place in upstate ny for a while ,just some rivers and tribs.most places its a non issue on navigable water.i guess its all about who has the best lawyers and most money to give to politicians.
Don't get yourselves in the pickle that we are in here in Louisiana. Some guys abusing the high water mark pissed off the wrong land owner. Now we have entire natural lakes and bayous we can't fish or hunt anymore.
In GA, the landowner owns the riverbed to the center. If the same person owns the land on both sides, they own the entire riverbed and can legally "post" it as long as the river is not considered to be a "navigable" waterway. The recently changed law being discussed in this video will almost certainly be overturned in court, because the Upper Flint is not considered to be "navigable" by GA or federal law. Federal law considers the Flint navigable as far north as the city of Montezuma in Macon County. The area shown in this video is well upstream from there.
The river bed can be owned (by an adjacent owner or otherwise). Boundary lines do not automatically end X feet from the edges (mean high water for tidal). However, the ownership is subject to the navigational servitude rights of the federal government, and and any state and local laws and privileges pertaining to use (but never in conflict therewith). The federal rights are different and larger than any state, local or public rights; these include the right to remove structures, and the right to govern the taking of water and channelization. These federal rights or powers extend to all "navigable waters", which was broadly defined in USA history as: if you can float a log down it at high water, then it is navigable. Like most resources of value, the use and regulation of rivers (and accreted lands) are complicated. And the history of use and regulation guides today. A little reading can always help, but not 30 minutes... 30 hours minimum for complicated matters. Yep, i know. Most peeps can't tolerate 30 hours of reading. That's why we have a confederacy of dunces (who believe their uneducated opinion deserves equal respect as a highly trained engineer or biologist). Go read people. That phone in your hand is a tool. It can help you learn, or help you feel good about not learning. Your choice.
No offense but he'd have a fight on his hands to come out on me and grab my boat, and I intend to go home and not the morgue. I'm not afraid to let someone drown in the river. I had a DNR officer to get me to load up and float with him to arrest a security for a gated community and he told me if I felt that my life was in danger to use what force was needed to stop the threat. I just had to be really well aware of the consequences of screwing up.
Push comes to Shove then the other guy should be billed for the water volume coming in. Oh, lets not forget the water volume leaving aka the sewr side of the equation.
I get there are some grey areas-- A lake for the most part does not move its banks… A river is by its nature a living being that is in constant flux, sand bars change even monthly, backwashing and flood zones go onto private land, consider this a private dock is built or a ground access in private property is improved for private access to the river, does a person floating down that river have the right to use it….. 99% of the “people” would without a doubt say NO just like a lake property, Does an angler have the right to throw a bait under that dock -- This is where things gets FISHY -- how would you feel if you built a swimming dock that you was afraid to let your kids use because anglers broke off lures and hooks on the pylons? Or if you came out to find the windshield broke on a slipped boat because an angler missed its shot and smacked ur boat (I live on a lake so yes it does happen) and yes it’s a valid concern and consideration. As to Navigable this who issue was from an 1800 law so fall back to what a Navigable waters was then hunter’s and trappers used rafts and dugouts to transport trade goods up and down those rivers - In fact it was considered the only true reliable trade route of the day
I have never understood being able to own and control a riverbed and it that the case fine.you are floating in the river you are not touching the riverbed
It’s absolutely gross when people can take natural resources as their own. I get ponds on private property but a river with water that flows continuously should belong to we the people. It doesn’t give anyone the right to litter or abuse it. If people or corporations can own rivers, our system is more broken than I realize. Sorry for the rant but fishing and outdoors are my life.
The guy who thinks he owns the river is like the troll under the bridge demanding payment!
When the news reporter said “I’ve never made a better life choice” I seriously LOLed. Bless her.
So funny!
Bless her for sure. Did you tell those Yankees they're gators in those waters??😅
@@Sam-mu5xh I would have said- "Those gar are nothing- it's that alligator behind you that you have to watch out for".
@@cuivre2004
Hell yes!
My first thought was, "Why did you put those poor folks in a standard kayak?". I was wrong in that I thought they would both flip. Meanwhile, you two are sitting in boats.
in michigan it is illegal to harass a hunter, trapper or fisherman.
Same thing here in Ga also, unless it’s changed.
If it has I guess when enough people get their ass whooped or killed it’ll get changed again
I’m pretty sure that’s actually a federal law
Same in Florida.
Illinois too. Although those People for the Eating of tasty Animals... tend to ignore that fact.
To everybody in the comments stating that hunter fisher trapper harassment is a state law in their state let me clarify it is a nationwide federal law and that covers every single state from from the east coast to the West Coast
House Bill 1397 which would have defined or redefined navigable waterways in Georgia died in committee on 3/28/2024. The only way to get this to change is to go to the DNR board and legislatures and stay on them. At this time they are not representing their constituents.
Lol are you telling me the government doesn't care what The People want??
@@spencerm5913 no private NAZI'S don't lol
@@spencerm5913 Georgia is conservative and conservative don’t care
@@spencerm5913shocking! Right? I thought Biden lies awake at night thinking about how to improve the US citizens’ lives.
@@timb8970 This law was passed in Georgia. Wtf does Biden have to do with it?
As far as I'm aware where I live you can't own the river bed or the lake. private property ends at the water line
In Indiana, u do not own the water, but the land under it, if it's navigable, public may float through, no foot traffic though, also, it must be listed as navigable on some non-existent website or library book the dnr don't even know where is!!! If it's a smaller creek/river, they just tell u it's non navigable, even though in my mind, it's clearly navigable because that's how u ended up there!!!!! Ignorant
@@packerjh2 all most ALL rivers in the US are NON navigable. Look at it this way. If the coast guard can patroll it, it is federally navig water...For instance the Mississippi River. No mater the state, land ownership ends at the rivers edge. But for MOST states with non navig water, the landowner owner owns the land under the water to the MIDDLE of the channel.
@@dustyflair
Have you ever heard of “Lake Tahoe” (Nevada/California)? It has a Coast Guard station and is patrolled. Under your definition would this “lake” be deemed a navigable waterway?
@@joelmcclellan1050 if the USCG patrolls it, then it is a navigable waterway....duh...you think the USCG is there to watch?
@@joelmcclellan1050 PS.....Who owns the land UNDER lake Tahoe? It would NOT be private. That is what navigable waterways boil down to....
I don't have anything to say, I'm just driving the algorithm to keep this up.
I saw the your first posted, thought it was kinda creepy. You should organize a party get everyone out to go fish in the same area 😅
He owns the land not the river that runs through it
Correct
Incorrect. The river bed can be owned (by an adjacent owner or otherwise). However, the ownership is subject to the navigational servitude rights of the federal government, and and any state and local laws and privileges pertaining to use. The federal rights are different and larger, from any state, local or public rights; these include the right to remove structures, and the right to govern the taking of water and channelization.
Like most resources of value, the use and regulation of rivers (and accreted lands) are complicated. And the history of use and regulation guides today.
A little reading can always help, but not 30 minutes... 30 hours minimum for complicated matters. Yep, i know. Most peeps can't tolerate 30 hours of reading. That's why we have a confederacy of dunces (who believe their uneducated opinion deserves equal respect as a highly trained engineer or biologist).
Go read people. That phone in your hand is a tool. It can help you learn, or help you feel good about not learning. Your choice.
@@henrybutchy3242the river bed is the land😂 not the water
@@NinjaTenKIf the riverbed can be owned then the water directly above it is owned by the owner.
@offgridnightmarenewhomeste3215 not true cause water doesn't stay in one place it's always moving
That man wouldn't touch my yak, if he claims I can't float by and fish.
Yeah i was thinking the same thing. I would feel like dude was getting physical stopping me like that.
I definitely would have drawn. It doesn't take much for someone to drown you when you're in a kayak.
At that point he is holding you against your will. A paddle could take a few of those fingers off.
@@S.AFishing410 That's because he was.
That sounds like a new resident who wants to claim more than he can.
It's someone who hasn't had anyone stand up to him
i made the news once.
want to hear my quote?
"as many as three and as few as no shots were fired"
Good for you brother ! That jackass was in the wrong. Fish on man and keep that energy that is in you . Man among men
Southern boys used to handle guys like that in their own way
@@mikehilbert9349absolutely, and we still do!❤️
I knooow when you hooked that bass and it came off in the yak, as you were trying to grab the fish in the yak you were thinking, “Here’s my chance, I can not let you get out this boat”!😂😂😂
I HAD to get a bass on the news lol!
@@GeorgiaBassmaster freaking EPIC!
I live and fish lakes/rivers in Arkansas. My understanding of the law here, if you can navigate on the water to where you are you can fish or hunt. That includes flooded land. I have seen other videos of people fishing on lakes and the property owners telling them they cannot fish around their docks. Some property owners are just snotheaded ignorant karens. 👍😁
Used to be after a big spring runoff, the river could change course and with the river being the property line, you could lose or gain acreage. Not sure if that still applies. I recall stories in Texas where a whole ranch could disappear.
@@bullfrogger1208 That sounds wild but true. When the river is the boundery, that line can change naturally.
Gar are good, they keep the flying carp under control.
I’m not sure if the law has changed but it’s against the law to harass someone fishing or hunting in Ga.
This is awesome. That's my home run. Got out where y'all put in for my first ever kayak trip less than 2yrs ago. 140 trips later..
The news crew was hilarious. Do they have teeth 😂
LOL they didn't know anything bless em
Ridiculous that the state feels it can sell off a free flowing river that continuously rises and falls...
You can definitely fish as long as you’re floating through. And by law, you can wade and fish as long as you stay on the opposite side of the halfway point of the riverbed. If they own the land on both sides, then you can only float and fish
AHHHH, there ya go, thank you for that!
Actually as long as your in the area of the high water mark it's considered navigatable. As long as your in the water your good.
@@andyboog2010
That's not true for all states. I know in Colorado streambeds r owned by the landowner, but the water is considered public. Which was something I wasn't accustomed to growing up in upstate NY.
This isn't true up in the Georgia mountains streams.
If it flows to the ocean there is a possibility that the river is covered under Federal transportation laws that ban restrictions to access.
No one has the right to fence off a public waterway.
I feel great about everything... ive never made a better life choice.. - reporter lady after flipping her kayak
Now, where's my phone?
In Canada you can’t legally block access to a waterway, with a few exceptions like water supplies. But home owners are shit out of luck.
So cool to see an actual news crew doing this.
Georgia has always had some of the most idiotic laws when it comes to waterways. What it has always boiled down to is the legal definition of the word "navigable". The original definition essentially said if it could float a log it was navigable. It was later changed to essentially say being capable of barge traffic, which few GA rivers are. I've been fishing the upper Flint for over 40 years, and my family has for generations. There was never any issue anywhere on the river until some jackasses bought the land adjacent to Yellowjacket Shoals and sought to exploit the river for profit. Unfortunately, even though the DNR refuses to write tickets, the law is on the landowner's side and GA courts will side with them every time.
PS - Those post-spawn fish love to chase and/or short strike, which can make for a frustrating day. The last time I fished it, I had around 40 topwater blowups and only caught 12.
@@jamessmith-hq5mr Have you reviewed the new law that the governor signed? It still doesn't clear up what is "navigable" but it does clearly state that navigable rivers are to be used by the public as highways. The flint has centuries of history of using it for navigation.
@@therivergiveth I've only skimmed through it. What you posted illustrates my point though, it says "navigable rivers" and the upper Flint is not legally considered navigable. It should be but at this point it isn't. The lawyer for Four Chimneys LLC, who owns the land in question, has already argued that point in court and won. As a lifelong river rat, I want full public access to all of our rivers, but the current law is not on our side.
@jamessmith-hq5mr yea but that case was before the new law. I guess we will have to see but the public needs to come together to fight these ridiculous access laws. Even the upper flint has been used for hundreds of years for navigation. Taken from the state website: 24 "further finds that, by the common law, the citizens of this state have an inherent right to use for passage and for hunting and fishing all navigable streams from low-water mark to low-water mark." Again, it's all about what's considered navigable. We need to make a stand. Flowing rivers affect everyone - shouldn't be privatized.
@@therivergiveth Trust me, I'm on your side, dude. I'd like to see GA mimic Montana's stream access law.
Thought the only water you can own is a pond. If you have a huge property where a creek starts you can technically own that. But can't impede someone from floating up steam if that's possible.
You'll have to make sure and share that news link I'd like to see that article. Hopefully that news person didn't lose anything when they flip their kayak.
Yes sir you know I’ll share it out!
The link is in the description.
There’s a whole section on navigable waterways that covers flooding You can’t cross boundaries that goes beyond the natural flow and consider that navigable
Check out federal law...
@@kenneth9874 yeah on the federal level I’m sure it gets pretty complicated yeah I’m just going by, but I have had experience with. I hope you have yourself a good day.
@@jefflitchford1422 it's actually less complicated....if a toothpick floats...
@@kenneth9874 CFR 33 Title: PART 329 - DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES
In Ohio you can fish the river if someone owns the land…..BUT… you have to be floating. The moment your feet touch the riverbed, you are trespassing.
That's a terrible law.
@@thomascolbert2687 yeah, I agree
Awesome news ! … I can’t imagine a person telling someone they can’t fish a public river body because they own a home that the property line goes to the river bank 😂😂😂😂😂 I’m glad GA doesn’t allow this type of madness .
The property line is in the center of the river not the bank. This varies from state to state
I don't think Rivers can be private property unless you can keep all the water in one place
Yes. I would think, LOGICALLY, that landowner would only have rights to stop fishing on THEIR waterfront - can we say male Karen?😂😂😂
In Louisiana, in the marsh around Empire, Buras, Grand Isle and Venice has tons of private waters in the gulf. The Wakulla River is fenced off in Florida at the head waters, and the Ichitucknee is state owned in lots of the river in the park. So lots of places have private land on rivers.
That’s unbelievable that someone thinks they could kick someone off of a public river or lake. I have a place on lake Eufaula that borders Alabama and Georgia on the Alabama side. There’s some people that wants to give people a hard time when they troll around their docks. The best way to deal with someone calling themselves kicking you off the river is call the authorities.
What about the public trust doctrine? All wildlife in the US is held in trust by the state governments for public use. Seems strange that they can claim ownership of the fish in that section. I suppose it is akin to alloing people to traverse your property but not allowing them to hunt.
I fish very little but I like to occasionally. If we don’t fight for our right to fish the next thing will be people saying you can’t come by their house on the river. We already have to pay to fish ( license) .
On the lake I fish in Michigan, a land owner's property extends 30 feet from the shore into the water. That 30 foot line changes with the level of the water. An angler is legally not on a land owner's property as long as the angler remains in their watercraft. Once the angler steps out of their watercraft within 30 feet of the shore, the angler is technically on the owners property. However, if an angler stays in their watercraft, the watercraft can touch the shoreline without trespassing.
Man I’m glad I live out west. We don’t tolerate anyone who thinks they can keep people out of the people’s waterways and beaches. It’s well settled law out here.
My old stomping grounds. Damn straight, fish and play all you want on the rivers.
what if you're trout fishing and only wading? Say the Chattahoochee in Helen, GA? What if someone leases both sides of the river but you got there through public water?
Above the high water mark is private property, supposedly
@@AvengingFadenot what we’ve been told lately.
In Illinois a property owners who's property goes under the river and onto the next shore can block your passage. This is an a really stupid law.
No one owns water that is not surrounded completely by their own private property with a few exceptions
Everyone stay safe on the water at all times and keep safe and keep the safety equipment good to save your life and others if need to.
on the west coast you can fish any part of the river from boat and walk below high water mark. the landowners dont own the water,
I do know the general rules are different east of the Mississippi versus the west. There are archaic laws east vs west. However, some changes have been made.
A navigable waterway is public property. A stream that is not navigable or accessible except through private property might be an issue.
In South Louisiana there's areas of inshore navigable water that are posted and you will be run out. You have big money you get your way...
I’m a little confused here. My understanding is that it’s Federal law that regulates navigable waterways. No one owns the water or the ground under the water, up to 1 foot from the high water mark. So, if someone ever tells you to leave their property, and you’re in the river, I would tell them to pound sand!
I want to go fishing with you... "there's some good little fish over here, dude."
Here we in Pennsylvania if you own the land on both sides of a stream the bed of that stream is yours. But the water flowing over that bed is not. If you step off the boat then you are trespassing.
Most people don't understand that there are local laws, county laws, state laws, and federal laws. CFR 33 Title: PART 329 - DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES is the fed law. The normal high water mark is public if you can or any one ever has transported goods. It uses the words canoe, logs, furs, and grain as goods and ways to move goods. If the river goes to the sea or more than one state it is US water.
So my understanding always was if you don’t touch the river bed you are golden, aka if you fish from a boat. Fishing with waders would be unlawful I believe.
1:31 you know there is a saying that is said that you can give a man a fish and he will eat for a day but you can teach a man to fish and he will eat for a lifetime there's a reason why that saying was made
It's the same in Illinois, the banks and bottoms of waterways are the property of the landowner but the water itself is public therefore if you can access a place by means of a navigable waterway you can be there but if you anchor, or tie up you are trespassing, unfortunately this means that landowners often resort to nefarious schemes in order to unjustly seize public rights of way such as stringing barbed wire fences across streams, ( then claiming that their own fence means the waterway is not navigable) and the state let's them get away with it. It's disgusting but it's not going to change anytime soon, as bills to change things get routinely ignored.
No one owns the water!!!
I own the water that is on my land.
If your water is surrounded by your land then yes you own that water
My lake is surrounded by private property, there is zero public access points. The land under the lake is also privatly owned. But rivers & creeks in a kayak are fair game i.m.o. while we dont own the water, we own 100% of the land surrounding/under it therefore you had to tresspass to fish it in anyway....
@cheapbassfishing wrong. Navigable rivers cannot be private property.
@@therivergiveth yes that's what I was implying. But if that water is a pond or private lake then the water is private property
Reminds me of the vid of people who have homes along the Pacific. Their property lines start and end at the high tide lines.Not all agree of course and make fools of themselves on You Tube.
So you were basica saying the river should be nobody’s property on the news then when to fish your buddies “family property” that was in the river?
Karen's of this world and the damage they do!! Ridiculous!!😂😂😂😂😂😂
There is private waterways in Georgia. Some water ways have property tax attached to the house. I do not believe it matters, but if it was grass instead of water you would be transpassing.
What the hell that slide thing is cool
I can't believe you would let some random guy kick you off of Public Access Waterway would have never happened to me ever😮
What does Georgia law actually say? Some states say the land owner owns the river bed in some cases. If you can navigate the river without touching the bottom, you're good. Georgia, not sure?
The reporter stated she was headed for Wisconsin. In Wisconsin the rights to navigable waterways is enshrined in our state constitution. It is set by the highest water mark on that waterways. You can't keep people off the water as long as they enter by public property. Or have permission to enter from private property.
And every county highway bridge is considered a public access point
They give you a slide.... and then concrete step launch area?? 🤔
Hunting is even harder! Alabama Power/Southern CO. Claim your trespassing if you hunt off an island.
A State can't make laws that go against Federal law.
In the United States, Congress stated in the Northwest Ordinance of 1787 that “navigable waters…shall be common highways and forever free.” The Commerce Clause to the U.S. Constitution, established in the 1820s, later gave to the federal government comprehensive powers over all “navigable waters.” If a stream or river is navigable, federal regulations and rulings apply. If it’s not navigable, control is in the hands of state or local authorities.
So, in general, the federal rule of thumb is that if you can float a log down a stream or river during periods of high water, the waterway is navigable.
Army corp of engineers controls all water ways and shore line.
Property rights stop at high water line
Always be ready to protect yourself on the water and camping and hunting.
each state and there county's has laws and ordinances, with some laws extremely stupid. here in north carolina it's tricky
and confusing to those who don't keep with the laws. I live 1/2 mile from my county line at the center of the river. a county across and a county 3 miles to my right. the river has public access
now the confusing parts. in my county if land not legally posted if land owner tell you leave his property to the center of river you must do so except if you're in boat, floatation device not touching the bottom. across the outher half posted or not you must have written permission regardless whether posted or not. but floating and no portion of you touching bottom river bed your legal because no one owns flowing stream or river water public or not. county's above my county and below me has same state laws but different county ordinances . a resident or non resident should get at no cost our hunting and fishing regulation digest available most places licenses are sold such as Walmart. according the situation and individual wildlife officer at there discretion if you get ticket,warning, arrested. don't argue with officers or passengers them off ,it won't go well for you. any rebuttals tell it to the judge. know your own state laws and county ordinances ignorance of the law is no excuse the judge says. papa wishing you well 😊
People's property ends at the water.
Bro Ga Fisherman do not let up on this do not let this go.
So many people out there who think they own stuff that they don’t.
Soon we won’t be able to breath privately owned air!
I'm just confused because those look like smallmouth we have River bass here in New York they are called smallmouth the fish that you guys are catching look exactly like smallmouth River Bass
That crappy law has been in place in upstate ny for a while ,just some rivers and tribs.most places its a non issue on navigable water.i guess its all about who has the best lawyers and most money to give to politicians.
Don't get yourselves in the pickle that we are in here in Louisiana. Some guys abusing the high water mark pissed off the wrong land owner. Now we have entire natural lakes and bayous we can't fish or hunt anymore.
So what is the rule when fishing a public river with private land on both sides?
In GA, the landowner owns the riverbed to the center. If the same person owns the land on both sides, they own the entire riverbed and can legally "post" it as long as the river is not considered to be a "navigable" waterway. The recently changed law being discussed in this video will almost certainly be overturned in court, because the Upper Flint is not considered to be "navigable" by GA or federal law. Federal law considers the Flint navigable as far north as the city of Montezuma in Macon County. The area shown in this video is well upstream from there.
The river bed can be owned (by an adjacent owner or otherwise). Boundary lines do not automatically end X feet from the edges (mean high water for tidal).
However, the ownership is subject to the navigational servitude rights of the federal government, and and any state and local laws and privileges pertaining to use (but never in conflict therewith). The federal rights are different and larger than any state, local or public rights; these include the right to remove structures, and the right to govern the taking of water and channelization.
These federal rights or powers extend to all "navigable waters", which was broadly defined in USA history as: if you can float a log down it at high water, then it is navigable.
Like most resources of value, the use and regulation of rivers (and accreted lands) are complicated. And the history of use and regulation guides today.
A little reading can always help, but not 30 minutes... 30 hours minimum for complicated matters. Yep, i know. Most peeps can't tolerate 30 hours of reading. That's why we have a confederacy of dunces (who believe their uneducated opinion deserves equal respect as a highly trained engineer or biologist).
Go read people. That phone in your hand is a tool. It can help you learn, or help you feel good about not learning. Your choice.
In florida we also carry a shovel 🎉
good content, thank you
No offense but he'd have a fight on his hands to come out on me and grab my boat, and I intend to go home and not the morgue. I'm not afraid to let someone drown in the river. I had a DNR officer to get me to load up and float with him to arrest a security for a gated community and he told me if I felt that my life was in danger to use what force was needed to stop the threat. I just had to be really well aware of the consequences of screwing up.
Push comes to Shove then the other guy should be billed for the water volume coming in.
Oh, lets not forget the water volume leaving aka the sewr side of the equation.
Man that’s crazy! These dudes and “their” public rivers
Isn’t only a public river on public land?
@@JakeSoulFreeTravels exactly
It's always a public river somewhere somebody can get on that river via public land and float all the way through it.
@@cheapbassfishing I doubt that there’s always public access to a river origination.
@JakeSoulFreeTravels No. Navigable rivers are public. There's so many reasons for this but it's been that way for centuries.
What about the souqui or however it is spelled. Apparently the land owners are real tight about people fishing that river..
Some people think they own the world when then own property.
No one owns the water ways they own the property by them. But not the water. Unless it's a private pond that's it. This needs to stop!!!!
If it's navigable waters you don't own it. It's the easiest way to know if you can fish a water. It's nationwide.
Creeks can be private
No one owns the water bed except the public. No one owns public water ways. A land owner owns land above the water line that's it
I get there are some grey areas-- A lake for the most part does not move its banks… A river is by its nature a living being that is in constant flux, sand bars change even monthly, backwashing and flood zones go onto private land, consider this a private dock is built or a ground access in private property is improved for private access to the river, does a person floating down that river have the right to use it….. 99% of the “people” would without a doubt say NO just like a lake property, Does an angler have the right to throw a bait under that dock -- This is where things gets FISHY -- how would you feel if you built a swimming dock that you was afraid to let your kids use because anglers broke off lures and hooks on the pylons? Or if you came out to find the windshield broke on a slipped boat because an angler missed its shot and smacked ur boat (I live on a lake so yes it does happen) and yes it’s a valid concern and consideration.
As to Navigable this who issue was from an 1800 law so fall back to what a Navigable waters was then hunter’s and trappers used rafts and dugouts to transport trade goods up and down those rivers - In fact it was considered the only true reliable trade route of the day
Good grief.
Our fishing laws suck here
Boy looking like a mlf pro angler lol 😂
I wish lol
Sooo you can’t fish in this public access location, but they implemented a kayak slide for ease of launching???smh
The rivers are one of the few places of actual freedom left in the US. No one person should be allowed to own it.
She say Someone in waycross bro Marshall that’s where I’m from lol
I'm sorry I thought this was a fishing show.
Wade fishing CAN be tresspassing....
Wow Waycross is my area cool..
Way down in the state of georgia- Bobby bare
Just don’t fish a jig. They might get you on a technicality.
Pop-R!
I have never understood being able to own and control a riverbed and it that the case fine.you are floating in the river you are not touching the riverbed
It’s absolutely gross when people can take natural resources as their own. I get ponds on private property but a river with water that flows continuously should belong to we the people. It doesn’t give anyone the right to litter or abuse it. If people or corporations can own rivers, our system is more broken than I realize. Sorry for the rant but fishing and outdoors are my life.