creek hunters rights

[mad.co.walker]

A question to all creek hunters: a while back i was having a discussion with a friend who creek walks in missouri and he was run out of a creek by a landowner who owns property on just one side of the creek. the other side was not owned by this person. my friend said he was told that creeks are fair game and that no one owns the creeks. there were no signs posted. i could see if a landowner owns property on both sides but just one side.? what are the "legal" rights for us creek hunters. any advice would be great, thanks. steve.

 

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[DemonCatSpaceStar]

Hello, I always have asked permission but one thing you have to remember when you do always keep in touch with the land owner every so often this is why, I was point hunting a creek one morning this Deer hunting season & was startled by a hunter who wanted to know what I was doing there I said I had permission from the land owner & told him his name he informed me that he had passed away about a year ago & he was the nephew of the current land owner NOT the one I had gotten permission from . Luckily I had gotten permission from that owner to walk a different creek sometime ago.
The hunter was nice & unfortunately had one of his stands stolen by someone, I apologized for disrupting his hunt & said I would wait until after hunting season to come back, he said I could hunt for arrowheads on Tuesdays but I just decided to wait.

Long story but I guess its important to keep in touch with land owners.
8)
Phil

 

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[all_atv]

Getting permission from the landowner is absolutly the best policy. However i have done alot of research in this. Now every state would differ my research is for Iowa. I do alot af kayaking and camping and I looked alot into it before I ever even found an arrowhead. I wanted to know if I could camp on a random sandbar wherever I might be along a waterway when it got dark. As it would be hard to ask permission or even know where you'll be by nightfall.
Most if not all states should have some sort of department of natural resources like iowa. Heres the regulation page from the Iowa DNR website for canoes and kayaks:
http://www.iowadnr.gov/riverprograms/regulations.html

There are only a few meandered waterways in Iowa, most are non meandered which means the landowner owns the land adjacent to and underneath the water-including the bottom, sandbars, and banks.. Technacly this means they own the arrowheads too. But there is a provission that allows activities incidental to navigation such as, fishing, swimming, and wading.

Its not what we all want to hear but, taking an arrowhead without permission from the person who owns the land could fall under theft and tresspassing. Somewhere I read that the deffinition of tresspass in iowa includes going onto ones land with the intent to take, alter, or damage something without there permission.

From what my farm insurance agent told me that a landowner is not liable for people he lets hunt, fish, 4wheel, or whatever on his property. UNLESS he accepts any form of payment, including cookies or deer meat. If he gets stuff like that it is considered liable to the insurance companies and the lawyers. To accept anything like that counts as payment, which could still be insured but as a buisness at much higher costs. Can you imagine a farmer paying higher insurance premiums to cover a friend arrowhead hunting on his place? Thats in Iowa anyway but other stats are probably simmilar. Kind of messed up i think.
I suppose there are a few bad apples that do something dumb and get hurt and sue the owner and ruin it for everyone. Its like spilling hot coffe on yourself an suing mcdonalds for selling it to you.

 

[iowa trout]

462a.69-- Public use of water for navigation purposes.water occurring in any river,stream,or creek haveing definte banks and a bed with visable evidence of the flow of water is flowing surface water and is decalred to be public waters of the state of Iowa and subject to use by the public for navigation purposes in accordance with the law.Land underlying flowing surface water is held subject to a trust for the public use of the flowing over it.Such use is subject to the same rights,duties,limitations,and regulations as presently apply to meandered streams ,or other streams deemed navigable for commercial purposes and to any reasonable use by the owner of the land lying under and next to the flowing surface water. Now with all this bieng said the trouble is not all Iowa rivers have been meandered wich basicly means surveyed (with many overlooked ,left out,or not at all)and when an area is in question it left to the Attorney general.

 

[mad.co.walker]

thanks to all that replied. i always try to get permission but where we hunt its hard to find the owner until its to late. meaning they are usually waiting for us at our trucks.!!!!!! anyway its a shame that people that have the hobby we do have to be careful about trespassing. around here in madison county illinois its usually a problem because people leave behind their trash and cut down fences etc. anyway getting ready for the worst winter storm in along time here. major ice and a possibility of up to 3 feet of snow. CAN YOU HUNT ARROWHEADS IN HAWAII !!!!!! again thanks for all the advice . steve in alaska ........... i mean illinois

im in wood rive and have fished the dam many times. chain of rocks is an excellent place to fish as well. if you are going to the collinsville show we need to get together. im going to post the show in colinsville when it gets closer and are trying to figure out a way for all the t neters to meet. email me and lets go fishing !!!!!!!!!!


your not too far from me, always in alton when it gets warm... love to fish the dam up there... plus i have friends in e alton bethalto, south roxana, woodriver..... enjoy the icestorm coming our way...... lmao