2017/09/13 20:22:22
Lucky13
This could also be a case of someone who didn't understand "Caveat emptor" and bought thinking they could just restrict the access, but in fact the attorney or abstract and title co missed the easement, in which case I know the DEC has some heavy hitter lawyers on staff, who will clarify the issue.  We shall see. 
 It certainly bears watching!  Up to it, bear?  : )
 
 
Maybe Chartist bought the house!
2017/09/14 06:47:54
Clint S
From what I understood they are well within their right to restrict access, but not keep people off the bank. Will keep all informed when I go by.
2017/09/14 07:33:10
bigbear2012
Never actually fished there, but always up for watching the circus
2017/09/14 14:22:11
Lucky13
From NYSDEC:
 
"That topic came up at the meeting on Tuesday night.
 
The parcel that is the former Da-La-Lodge is private property (and always has been) and the new owner has erected a fence to keep people from walking across his lawn. The previous owner allowed people free and open access to the property because it benefitted his business. That is no longer the case. But nothing has changed regarding any easements or public access.
 
There is a conservation easement along the river on that bank EXCEPT on that property. It runs along the side of his property (next to the old fish cleaning station) and then across the back to the river. Anglers may use that avenue to get to the river (although it is a bit overgrown and needs to be cleaned out by our Operations crew PDQ) or come under the bridge if the flow allows. Anglers may fish on the rocks below the top of the bank, but they cannot be up on the top of the bank or lawn. 
 
We have an Angler Survey going on with a Technician roaming around constantly, she can and will inform the anglers of the situation at that location."
 
So my take is there is no street level connectivity, but you walk down the street, walk around the lot, and you could pick your way up the rocks if you wanted to get up there, just not walk on the sidewalk along the house, the wall, or the lawn (And if you lived there, wouldn't you want at least that bit of privacy?).  I've always gone through there to get further upstream so I'll just walk around the lot.
2017/09/14 14:47:17
Lucky13
I also requested clarification on Conservation easement vs PFR.
 
DEC responded:
"There is not a Public Fishing Rights easement on that property either. No easements, none, zippo 
A conservation easement differs a bit from PFR. One difference is a conservation easement has tax advantages rather than a simple one-time payment as with PFR. Plus a Conservation Easement can be anywhere and any size. While PFR obviously is immediately adjacent to a water body and generally 33 feet inland from the top of the bank. Some of the real old ones from the early 1900’s were 66 feet.
 
The reason that the rock bank is accessible is because that isn’t included in the Da-La-Lodge land parcel. The road right of way and the Conservation Easement do not meet on the river bank. They meet on the other side of the fish cleaning station where that property ends.
 
The take home message is that there are no PFR or Conservation easement on that property and never has been and the anglers need to respect that and stay out of his yard."
 
 
 
Please note my error in  saying 37 feet, where there are PFR's they are only really good 33 ft in.  This could be important as the parcels downstream sell and get developed.
 
2017/09/14 17:41:42
hot tuna
Thanks for the update. It helps to have a clear understanding of access point and private ownership. If I lived in that spot, I wouldn't expect any privacy to really happen unless you built a tall fence only to get destroyed.

I like the north much better as far as the fishing allows you to walk .
Thanks again
2017/09/14 19:00:42
Clint S
Thanks L that's what I took from the meeting.  It's just to keep everyone off the yard.  The crews won't have to do much but wait until next Saturday and the easement access will be beaten down.
2017/09/15 11:35:25
Lucky13
hot tuna
 If I lived in that spot, I wouldn't expect any privacy to really happen unless you built a tall fence only to get destroyed.

Not sayin' you are wrong, but that us the unfortunate fact that gives Fishheads from all over the stain of undesirability to many of the residents of the north country, and makes posted signs such a hot commodity in all the hardware stores up there.
2017/09/15 11:57:16
dimebrite2
Yup, as I said earlier, big don always let people cut through, but the access was technically private property. I'm glad to hear the pfr is defined though. The past few years quote a few rumors were going around saying that there was no pfr on that bank and was still eligible for a court hearing.

I can't tell you how many fish I've battled off of those rocks. For many years you used to be able to make your way under the bridge with a fish and land below. That ended about 12 or so years ago.
The lie in that spot is not necessarily right against the rocks. One can stand on the bridge in thick of salmon season and see that fish will lie just about anywheres from edge of rocks to about 30+ feet out.
High stick, dead drift, and swing are all great methods for that spot. You can actually attain all three methods in one drift. I always liked using bigger nymphs and doing a high stick to a dead drift, to finish with a swing.
That bank used to change every few years or so until they closed off the north west diversion.
2017/09/15 12:11:48
bigbear2012
Sad but understandable why people deny access.

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