to Quadvin

WRONG
 
Your response on the reports page is WRONG...........property owners own to the middle of the creek--the ground and gravel--streambed  and the air space above........you MAY NOT wade the creek if posted or if you are told you are tresspassing............now, being in a watercraft is a different scenario....navigational servitude---you can float through the property--staying center, but you may not recreate while on or along their property....if you get the craft stuck, you may not get out to WALK the craft over rocks or through shallow water.........
 
if the property owner owns both sides of the creek.........then he owns all the gravel and streambed..............not just to the middle of the creek
 
a river deemed navigational supercedes all that is written above....where you may walk the stream so long as you stay within' the high water mark of the stream---check little juniata decision
 
 

thanks genie........I know nothing of OHIO laws ........good to know
 
 

ORIGINAL: spoonchucker

"Even if deemed navigable, (which most stocked Ohio tribs are) you can NOT walk the creek on no trespass property, no matter where you access the creek from"

That may be how Ohio law is written, but I'm not sure it would hold up. My understanding that access rights pursuant to Federal navigability law, would be just that ( federal law ), and would supercede state law.

That said, I do not understand this desire to go where one isn't welcome. Especially given the amount of "open" water available.

 
I agree...there are plenty of public accessible and fishable waters available.  Even for one who likes to walk.  I think some people whine just for the sake of whining!  If I owned my own land and creek access, with all the idiots out there, I'd probably post it too and so would 99.99% of the people in here.

ORIGINAL: spoonchucker

"Even if deemed navigable, (which most stocked Ohio tribs are) you can NOT walk the creek on no trespass property, no matter where you access the creek from"

That may be how Ohio law is written, but I'm not sure it would hold up. My understanding that access rights pursuant to Federal navigability law, would be just that ( federal law ), and would supercede state law.

Spoonie, I'll take you to spots where you can get trespass ticket.
Then you can dig into your cookie jar  and challenge it through the court systems


BTW, as you know, there's been dozens and dozens of pages debating the the navs on this site.
(those were actually some of the better debates here..much better than chumming  anyway)

It's always been my contention that the Fed law as written, does not provide for recreational use.
 only conveyance/transportation and commerce.
States can add to it to apply recreation to nav rivers, (as in Pa) but I suspect one would would find it a difficult  challenge to apply wadding/fishing rights using the Fed nav laws in Ohio


..L.T.A.      

Every year people rag on this subject and try to come up with "their" logic as to why they should be allowed to fish posted property. What part of "NO" don't you understand? I'm sure there are many stream side land owners that take part in the discussions of this site or at least monitor it and become more hostile toward fisherman because of a lot of the comments made here. Respect their rights and property and quit the complaining - there's nothing you can do about it except create more problems. The laws are not going to change to accommodate you.