Re: Re: When someone wont get off your property..?

Posted by Bob Kerr on February 18, 2002 at 07:48:25 from (205.188.201.192):

In Reply to: Re: When someone wont get off your property..? posted by Greg D. on February 17, 2002 at 18:29:15:

I agree Greg, It is sad when we can't protect our property and face charges if we do protect it. Some areas like Arizona have few cops per square mile, and it can take hours for one to show.I am in Indiana, and sometimes it doesn't seem much better even though there are more cops per square mile here. Cameras are a good bet as it is evidence that you are not "making anything up". I do know of one instance that a "tresspasser" IS allowed to cut a fence. It has to do with Blocking a Navigateable Waterway. If a property owner puts a fence across a creek a hiker, fisherman,boater, canoeist, or kayaker is allowed to cut the fence if it is blocking the way. In some cases he is allowed to climb the bank and climb your fence to get past an obstruction. The big factor on this little known , but very old law which has roots in the English Magna Carta, is the river or creek bed is public domain up to the "normal" high water mark.That mark is described as the part of the stream where the indigionous land plants begin to take hold. Plants that normally grow in the water or close to the bank where they frequently are submerged don't count. I found out about this because I have a friend who lives along the Great Miami river near New Baltimore OH. He would boot people off the sandy beach behind his house even if the pulled a canoe up to the bank and didn't get out.Most of these people would toss beer cans and trash all over the beach area and that is what set him off the most. He was shocked when I showed him they were allowed to be there, but since so few people know about this he said heck with it, I will keep booting them off until someone calls me on it. The law doesn't protect them from littering though! Here is the address to the website with the info. http://www.nationalrivers.org/us-law-menu.htm

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