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Post by Dave Stephens on Nov 29, 2007 9:23:51 GMT -5
yep i got a new pair of wire cutters for work..............shhhhhhhhh
ds
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Post by bronzebach on Oct 12, 2010 20:18:52 GMT -5
Hi guys,
I've not been active much on the TOSA site, so forgive me for replying to a 3-year old post(!)
I've encountered barbed wire fences on Big Darby Creek, Deer Creek and a couple smaller tribs in Central OH. Each time I was glad the water was not high enough to conceal the fence and snag me or my boat...
So what became of this issue/post?
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smead
Junior Member
Posts: 62
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Post by smead on Oct 12, 2010 21:11:28 GMT -5
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Post by kokofisher on Oct 12, 2010 21:54:32 GMT -5
Actually you need to get arrested for tresspassing and prove the river is navigable, lose your case then appeal it to a higher court to have it matter
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Post by Kyle Kochheiser on Oct 13, 2010 7:47:13 GMT -5
Actually you need to get arrested for tresspassing and prove the river is navigable, lose your case then appeal it to a higher court to have it matter Right, unless a previous court case has established a precedent for that specific flow. I would presume that the original flow in question here does not have a precedent, but I don't know that for sure. My gut tells me the landowners are not allowed to do this, but they figure the odds of anyone enforcing this on them are slim and none. |
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Post by Eugene on Oct 13, 2010 10:56:59 GMT -5
Well, I don't think you necessarily need to get arrested, but you would need to get the case of navigability to court somehow. For example, if you are injured or your boat is damaged by barbed wire strung across a stream, you could sue the landowner on the basis that s/he caused you or your property willful harm by impeding your right to safely navigate Ohio's waterways.
It's a touchy subject, but there aren't any universal answers. As I understand it, issues of navigability of almost any stretch of almost any stream in Ohio are up in the air until specifically addressed in court. Also, I get the impression that specific findings regarding precedent of navigability by specific cases would be almost impossible to assemble across Ohio in anything like a comprehensive way.
THE FOLLOWING IS NOT LEGAL ADVICE AND IS OFFERED BY SOMEBODY ALMOST ENTIRELY IGNORANT OF LAW (enjoy): By default, I would personally probably assume any Ohio stream is navigable if I could float a hull with reasonably occasional portage. If my right to "navigate" on a stretch was challenged in court (e.g., if I was accused of trespassing), perhaps the precedent established by my ability to paddle there would count for something.
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Post by bronzebach on Oct 16, 2010 8:37:24 GMT -5
OK, thanks for the update & advice!
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