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Posted: 8/11/2011 3:51:02 PM EST
http://www.southeastflyfishingforum.com/forum/latest-jackson-river-lawsuit-t38932.html

Came across this

It revolves around fishing and floating boats on Virginia's Jackson River
Link Posted: 8/11/2011 3:56:07 PM EST
[#1]
It's bizarre to see English Common Law being referenced here in 2011. I know VA is a commonwealth and has some odd laws, but it's still odd.

<––frequent wader and fisher of streams
Link Posted: 8/11/2011 4:00:42 PM EST
[#2]
Interesting, I didn't know that any rivers in VA were restricted based on english common law. The landowner sounds like an asshole.
Link Posted: 8/11/2011 4:15:52 PM EST
[#3]
Quoted:
Interesting, I didn't know that any rivers in VA were restricted based on english common law. The landowner sounds like an asshole.


As far as the state is concerned it is not restricted. BS law-suit.

It's no different than my river property on the Shenandoah. I own land to the edge of the water.....wherever it is at the time. Folks may not tresspass on my property to get to the river or come off the river and camp or cross my land without my permission. However if a person is wading/floating the river as long as they are in the water they are on state owned property.

Heck someone could park a party barge 1' off my bank and I could not do a thing about it unless it blocked my access to the river.

Link Posted: 8/11/2011 4:17:43 PM EST
[#4]
I was under the impression though there is a court case that says that is NOT case for the Jackson River though.
Link Posted: 8/11/2011 4:21:22 PM EST
[#5]



same kind of thing happened with the little juniata in PA a few years ago.  it was used to transport goods back in the 1800's though, so that helped in it being ruled as navigable and therefore legal for the public to fish up to the high water mark.



ETA:  also iirc the guy that tried to stop the public from fishing along the section he was leasing tried using the king's grant/english common law whatever
 
Link Posted: 8/11/2011 4:24:32 PM EST
[#6]
Quoted:

same kind of thing happened with the little juniata in PA a few years ago.  it was used to transport goods back in the 1800's though, so that helped in it being ruled as navigable and therefore legal for the public to fish up to the high water mark.

ETA:  also iirc the guy that tried to stop the public from fishing along the section he was leasing tried using the king's grant/english common law whatever


 


I wouldn't have a problem with it so long as it is navigable, as it is in the interests of everyone to keep those waters open for commerce.
Link Posted: 8/11/2011 4:27:44 PM EST
[#7]
Quoted:
I was under the impression though there is a court case that says that is NOT case for the Jackson River though.


Unless I mis-read the article the state does not recognize the ruling and it's still being fought out in court. King's grant's don't really mean squat as it concerns state waters. That was negated in 1800 or so. The state owns the rivers/creeks and the land the river/creeks flow over....end of story.

BTW.....The state is very broad when it terms what is navigable.


Link Posted: 8/11/2011 4:38:05 PM EST
[#8]





Quoted:





Quoted:





same kind of thing happened with the little juniata in PA a few years ago.  it was used to transport goods back in the 1800's though, so that helped in it being ruled as navigable and therefore legal for the public to fish up to the high water mark.





ETA:  also iirc the guy that tried to stop the public from fishing along the section he was leasing tried using the king's grant/english common law whatever
 






I wouldn't have a problem with it so long as it is navigable, as it is in the interests of everyone to keep those waters open for commerce.



me either, it would be like someone who owns property on both sides of the susquehanna river and trying to claim ownership of the river.





the guy also leases property along a bunch of small streams and restricts access.  i don't have a problem with that as the streams are pretty small and not navigable.





(he should be fined into oblivion though for polluting the streams with his dog food fed football shaped pig trout)
 
Link Posted: 8/11/2011 4:45:14 PM EST
[#9]
Wouldn't fly here. Privet property ends at the high water line.
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