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private property laws - 11/20/2009 4:29:23 PM   
neaphyte

 

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Could someone who knows the details fill me in on the NYS rules regarding strem access when private property is involved. Can you stay in the stream between the high water mark when adjascent land is posted? I am refering to the Salmon R. Not the DSR of course.
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RE: private property laws - 11/20/2009 5:55:19 PM   
dimebrite

 

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well same applies for private property as does for DSR.  you can float through, but you can't anchor or step foot on the river bed because all private parcels own either half way through the river or all the way across.  now.  that is not all properties that are river front though.  i myself happen to own over 900 feet of river front on one side of the river.  i actually own in to the middle of the river.  but, it is in my deed that there is a bank walking easement within 30 feet from the river bank.  also, i have a conservation easement that extends even further in to my property that the DEC patrols and walks through most of the year.  this was all put in to my deed before closing.  i didn't bother arguing it.  i'm sure if i did, i could've gotten somewhere with it.  i don't mind the bank walking easement, but i don't really prefer the conservation easement.  i mean it's good intentions and all, but there's no way you can build back there as it is, and i would never try.  but i do mind the DEC walking my property and invading my privacy. and now with the headquarters being set up at the old portly angler building, i'm sure they are going to be around a lot more.  they are actually starting to put up property stakes and traverse points to mark state land.  i border state land, and their markers conflict with mine.  and guess what.  it's in their favor.  let's put it this way, i don't lose sleep over it, but it is a little annoying.  i'd just hate to see the day when they say that they want to build some type of access camp or facility on my prop.  that's when i would step in and say what happened to the quote on quote conservation easement.   i will say though, it is pretty special back on my prop.  it's a prime winterizing lie for steelies, and there are feeder trickles that come in that host native spawners.     sometimes i get a little annoyed when i go to fish back theree and there is someone fishing where i'd like to, but like i said, i don't lose sleep over it.  the best was when i went back there this past salmon season with my 2.5 year old son.  i was walking the bank with him and there were a few guys fishing back there.  i didn't have waders on so when i got to a certain point everybody kept telling me i couldn't get any further without waders.  i just smiled and played along with it.  hey, you gotta play dumb sometimes... it actually can be fun at times...  i was just wondering what they thought of me pulling up on a yamaha rhino.  did they think i was lost or something...tight lines, and always remember, these fish run the ENTIRE river.  so don't get discouraged by the private prop.  put your time in and you will be rewarded....  but remember, people who own on the river and have owned for a long time, most likely don't have the bank walking easement in their deed.  so they can do and say whatever they want with it.  and if you think about it, can you really blame them??? I'm sure most people put in their position would do the same. would you want everyone and their long lost cousin parading through your backyard... littering, hollaring, fighting...  just think about it for a minute...the only advice i have for anyone is be respectful when fishing the river and do not, i repeat do not litter.  because believe it or not, it's litter that pushed a lot of these property owners over the edge.  i know i opened up a can of worms here and many might disagree or get annoyed by some of what i said, but i believe i have an honest opinion and post.  once again.. tight lines to all

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RE: private property laws - 11/23/2009 9:09:53 PM   
backin79

 

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Dime, I read you loud and clear and you are 100% write on!

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RE: private property laws - 11/24/2009 4:25:21 PM   
dimebrite

 

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hey, i'm down with relaxing and enjoying nature... what can i say...

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RE: private property laws - 11/30/2009 8:07:59 PM   
young

 

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NY and PA need to catch up with the progressive states out west that guarantee access to everyone in all moving water.

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RE: private property laws - 12/1/2009 2:04:26 PM   
Polar

 

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Dimebrite has it 100% correct.

http://www.dec.ny.gov/outdoor/8371.html



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RE: private property laws - 12/1/2009 2:17:26 PM   
RhnstnCowboy


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quote:

NY and PA need to catch up with the progressive states out west that guarantee access to everyone in all moving water.


Thats brilliant and fitting for "progressive states," like those out west. I'd like to see assertion of "stand your ground" laws and less morons trespassing on private property, especially mine...

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RE: private property laws - 12/1/2009 3:17:29 PM   
young

 

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That's because you (1) own private property and (2) you're a reactionary. 

Montana's stream access laws set the bar that the whole country should aspire to. 99% of anglers own no stream front property. It's in the interests of the majority to pass such laws.

PS. If we keep letting people "buy water" we'll be really ****ed. Not just fishermen, all of us.

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RE: private property laws - 12/1/2009 3:36:56 PM   
RhnstnCowboy


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quote:

That's because you (1) own private property and (2) you're a reactionary.

Montana's stream access laws set the bar that the whole country should aspire to. 99% of anglers own no stream front property. It's in the interests of the majority to pass such laws.

PS. If we keep letting people "buy water" we'll be really ****ed. Not just fishermen, all of us.



Thats because:

1.) You're a progressive, globalist Marxist piece of human offal, who, although you are most certainly a narcissist, worship your own being, and believe yourself to be omnipotent, you will face judgement by a higher power than yourself when you leave this earth. In better times people like you, with "progressive" ideas, would have been run out of town on a rail, banished to a labor camp, or burned at the stake.
2.) You should have no say in what others, who own private property, do with their land. If you don't own property you should not be a citizen and should have no vote in any decisions.
3.) Lots of things are in the "interests of the majority." The representative republic form of government was designed to make sure that the majority didn't get what it wanted.
4.) Go to Hell.

< Message edited by RhnstnCowboy -- 12/1/2009 4:18:58 PM >


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RE: private property laws - 12/1/2009 4:33:52 PM   
World Famous

 

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Way to beat around the bush. Next time take off the kit gloves!!

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RE: private property laws - 12/1/2009 5:00:35 PM   
young

 

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Thanks for confirming the first part of my assessment Rhinestone Klansman. 

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RE: private property laws - 12/1/2009 5:09:29 PM   
deadfishred


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quote:

ORIGINAL: RhnstnCowboy

If you don't own property you should not be a citizen and should have no vote in any decisions.


WOW. Not into history much? Look into serfdom and midieval Europe. I'm guessing with statements like this, you will like how they did things back then. Not to pick a fight or anything, but this kinda stuff is as far as you can get from the rights of being a US citizen.

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RE: private property laws - 12/1/2009 5:11:52 PM   
RhnstnCowboy


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quote:

WOW. Not into history much?


You seem like a good dude and I don't want to pick a fight with you either. In fact, I've admired many of your posts and pictures, but I'm WAY into history.

Its best to leave it at that.

< Message edited by RhnstnCowboy -- 12/1/2009 5:35:31 PM >


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RE: private property laws - 12/1/2009 5:19:21 PM   
young

 

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deadfishred: You have to keep in mind that this pud is a reactionary. Reactionaries are unable to cope with things as they are and thus detest progress. They want to turn back to the clock to the "good ol' days" when only rich white plantation owners had any say. Unfortunately for him, those backward days have been swept into the dustbin of history.

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RE: private property laws - 12/1/2009 5:25:56 PM   
dimebrite

 

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i knew that my post would start some trouble.  it took a while but it finally happened. to each their own. that's all i can say....

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RE: private property laws - 12/1/2009 5:43:21 PM   
young

 

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Dime,

Your post is definitely right-on the facts of the law. I just disagree with the law.


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RE: private property laws - 12/1/2009 5:46:32 PM   
backin79

 

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lol, hey dime i'm with you! the truth about running water is that that those stocked fish are paid for by the license fees to the state to stock? So when I see new fishing club owners from out of state post those tribs, especially run a posted sign using a steel cable across a stretch i use to have access from shore, it does seem unfair.. i still respect 100% property owners but it seems unfair that my license fee is used for stocking private water .. notice this on catskill headwaters along upper willowemoc,beaverkill and alot more recently on the east and west branch on the delaware. Not sure what this means for the future of new york sportsfisheries, but the less access means less anglers and revenue for the state.jmho

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RE: private property laws - 12/1/2009 6:52:21 PM   
hot tuna


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Here is my deal and I know it won't be popular.
First:
I hear the same thing about how "I" bought a license so "I" paid for those fish.. WRONG !!! I pay New York State Taxes & a NY sporting License, 100 percent of my funding paid for the recreation.
Now before all the hackles get raised, all are very grateful of all revenue that is generated from those who visit, spend and support outdoor recreation. But just in point it is not ONLY license revenue that supports outdoor recreation, state taxes are a huge part of what makes it possible. There would still be outdoor recreation if no out of state licenses were sold, granted it may be different but then again why are all states not offering the same opportunities.

Second:
If there was not public access then the state would not do stocking. Simple as that, the access is there and again it may not be the prime locations but really the grass is not always greener on the other side.

Last:
In a very popular area that get thousands or hundreds of visitors would you want people to traverse your property leaving carnage in their wake ? If people were more respectful then landowners attitudes may change.. Has anyone offered to help a landowner by doing chores or cleaning their property ? I'm sure the good folks have and I'm sure they got rewarded . But most people expect to just be able to access the water without respect for the landowner.

Really Last:
I have had the same issues on property I have owned for 25 years. Nobody offered so nobody hunts or rides atv’s on the 800 acres of prime wildlife & trails unless they are invited...




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RE: private property laws - 12/1/2009 8:15:53 PM   
backin79

 

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As I stated, I'm 100% for property owners, and also think we are all in a sense "visitors" . I just wanted to make a valid point the state needs to reconsider stocking those areas/stretches that are now off limits to public access .. throwing buckets of state hatchery fish in pools heavily posted and off limits to public access shouldn't be an option. It is about the same as dumping a hatchery truck in some hunting/fishing club pond imho.

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RE: private property laws - 12/1/2009 8:47:00 PM   
RhnstnCowboy


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When I posted my land a few years ago after vandalism and a major theft, the state stopped stocking my section of stream.  I am fine with this and I completely understand it. I live in PA.

< Message edited by RhnstnCowboy -- 12/1/2009 8:56:01 PM >


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RE: private property laws - 12/2/2009 8:35:18 PM   
dimebrite

 

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Tuna has some great points.  i have thought of putting a trash can tied around a tree back on my prop chained to a tree.  but i guarantee it wouldn't make much of a difference.  some people just don't get it or just don't care.  but as i stated, i have an easement in my deed. the state basically governs my bankfront prop . i should actually get on the states ass to enforce litter laws on the banks of the river.  maybe the state should start posting more signs for litter fines up to 1000 dollars and just maybe some people will listen.  now i don't say this for the property owners sake so much, but more for the fishery and wildlife.  they are the one's who truly suffer from litter.  now as for limiting or stopping stocks of fish for the salmon river or any other trib that gets anadromous/ migratory runs... that's a little too far. property rights are property rights, and if it's not in your deed for easement or right of passage, then it's your right.  that's the law.  and i believe in it in this instance.  ( but trust me, i don't believe in it in most others).  now, why should stocks be stopped just because of some private properties.  these fish run the whole entire river.  and there are plenty of public access areas.  it's not like these tribs are like stocked trout streams where fish are domesticated and don't travel or migrate as Backing stated.  private prop is private prop.  i'm sure any home owner wouldn't want everyone and their brothe rin law stomping through there backyards.  fish on to all...

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RE: private property laws - 12/4/2009 4:26:42 AM   
waDerboy

 

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The garbage can sounds like a good idea. It would give the slobs a place to throw their garbage near.

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RE: private property laws - 12/4/2009 6:59:44 AM   
dimebrite

 

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that's what i thought, but then who cleans it up. say i don't make it up for a month and then there's a heaping pile of garbage.  that's why i haven't done it yet.  plus, if the state is going to tell me what i can and can't do on my prop, why should i pick up after careless fools that they are letting back there.  i'm gonna try to make polite signs first and see where that gets me. but come on people let's all come together and stop the littering.  i know every now and then you drop something while in the river or the wind takes something out of your hands, but beer cans, night crawler styrofoams, food wrappers, egg sac containers, birds nests of line... it's gotta stop.

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RE: private property laws - 12/4/2009 8:38:43 AM   
backin79

 

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I'd like to see state regs adopt an "angler easement" along certain moving water because that water is anually stocked with state hatchery trout.I'm only talking the first few feet from the bank and only where no hazards are present.. the garbage problem is a big issue due to heavy traffic is a big problem..So in this sense, I agree with any property owners posting their property to waters edge along the SR. I think river front property owners on heavily fished areas should be allowed to post their land. limiting access to visiting anglers is good management as the same as traffic signs are for a busy highway.. Tresspassers should be reported if found leaving behind garbage and heavily fined. Wonder how much more garbage would accumulate in the lower stretch if there were no DSR ? I think it is a good program with so many visitors. I am concerned with other regions of the state that is limiting public access in regions that are being sold out to hunting and fishing clubs or private corporations. The days of the old farmer and his land is going away fast. That is my concern as a tax payer in nys and licensed sportsangler

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RE: private property laws - 12/4/2009 4:10:08 PM   
waDerboy

 

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Dime my point was that the garbage cans I see at fishing sites are half full with just as much crap on the ground near them. Pigs will be pigs.

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RE: private property laws - 12/4/2009 4:34:05 PM   
owner

 

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I own 10 acres with 1/3 of a mile River bank front on a trib. There are  no easements to the public. It is clearly posted. I am over run with fisherman. Not just the bank but all of the 10 acres. So many fishermen just walk any where . The house/yard as if they own it. They don't care. They are rude, curse you out when you ask them to leave. Sreaming about THEIR right to fish . The house is no where near the creek. There is so much illegal fishing there. They think because their behind a house the can snag ,lift  and hasrres the fish all they want  till they get caught.So many have the opinion that since they bought a licensee they can do as they please. To many times their are young teens with them. This is the next generation and what they are being taught. My last encounter with a snagger and his 11 year old son. I pointed out that the fish they just got to the bank was hooked in the tail. The man stomped on it's head removed the hook from the tail  then stuck it in the fishes mouth and said "see son thats how it's done." I have to many stories like that over the years. That is why the D.E.C are welcome on my land any time. To the gentlemen that thinks all water should be public. Do you own your own home sir? Can you think of any reason   someone should  have the right to enter YOUR yard Because they feel it should be public??? of course not.... I love flowers dose that mean I can walk on to anybody's yard to see them ???Of course not. There are miles of public fishing paid for by our taxes and license fees. River/lake front  private property should be respected . Just as much as ANYBODY else's private property.  I dont do it ,but I have the right to shut down my trib and deny acsess to the S.R. I dont as long as they stay on the far side of the trib. Someday I will have just one to many rude jerks and I will shut the whole thing down. Denieing acess to the SR.

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RE: private property laws - 12/4/2009 6:35:22 PM   
backin79

 

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dude, curse who for what? 1) You allow tresspassing 2) you do nothing about it 3) catch the mfers in the act using a camera, preferably video audio camrecorder for evidence 4) use you wits and use the law that stands behind you 5) come back and post something positive.

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RE: private property laws - 12/4/2009 10:25:11 PM   
owner

 

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Backin79, 1) its chick not dude .  2)When I say over run I mean that literally.  On any given day during salmon season you can find 10-20 people a day where they have no right to be. 3) They curse me the land owner, I find people 100 - 200 yards away from the stream or in the yard . I will simply ask them what part of posted property didn't they understand and I get the same stupid answers..."I didn't see the 20 posted signs I just walked  past"...."I dont have boots I didn't want to get my feet wet".... "My fish is too heavy to drag back up stream".... "We don't have posted signs in (pick 1) Jersey, Pa, Conn, Vermont".  "If you didn't want trespassers you shouldn't have bought land with a steam on it"..... "I bought a fishing license, I can fish were I want!  You people should be great full we are in your dumpy town spending money"  I can go on and on about the lame excuses., They are told to leave... cross over to the public side and they are very nasty defensive....4) I do have people arrested... but you gotta be realistic... My local DEC guys are great... But in the height of salmon season they cant baby sit my land....They do go undercover for  the snaggers etc.. but there is a lot of area that time of year they gotta cover... When I get a real as*&**e   I call the DEC, they arrest... (I dont even need a pic just their vehicle  plate # . There is only one place to park for that section of creek ) Some day I will have had enough of the morons and sell it to some commercial developer who will make  a DSR Jr  out of it. Which is sad...it is family owned since the 1870'S

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Post #: 28
RE: private property laws - 12/4/2009 10:27:46 PM   
metalslayer


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quote:

ORIGINAL: dimebrite

but beer cans, night crawler styrofoams, food wrappers, egg sac containers, birds nests of line... it's gotta stop.
Dam pinners


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RE: private property laws - 12/5/2009 9:18:04 AM   
backin79

 

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My apoligies my dear owner, pardon me but, I think we all understand your frustration. But from another standpoint.. " the ole saying, if you can't beat em join em" You claim you are an owner of some ten acres or few hundred ft access along prime salmonoid trophy trib ? Why not hire a few trustworthy group of local guys to patrole and put a parking lot with stream access trails.. put up a BIG WHIPASS SIGN 10- 15 DOLLAR A DAY PASS ? I 'm almost certain your frustration will change ! heck , you will probably welcome all those happy visitors on your land if you knew the pile of money you could make off them! If I were you, I'd find a way to turn that frustrutration into inspiration. You may even enjoy it enough to create and employ a good staff thereby helping the DEC patrol for violators .. I would post trash signs such as" please respect nature ,if you bring it in,please bring it out" ..oh here's another good sign to post! "dads teach a child good etiquette and release all foulhooked fish" wishing you a merry xmas!

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