Tresspassing on private property to fish - Page 2 - Colorado Fishing Forum

Reply
 
LinkBack Thread Tools
Old 09-21-2006, 02:29 PM   #11 (permalink)
 
Join Date: Jul 2006
Posts: 842
Default Re: Tresspassing on private property to fish

I gotta say this, not to excuse my recommendation... I didn't think it out.

Back when I fished it, I did so with a buddy who worked for DOT, driving County maintained roads to determine whether they were maintained well enough for federal/state funding (a public road for tax assistance). At that time, the road to the parking area was one of those roads, and that is how he founf the spot, don't know the status now. It was a heavily fished area back then also.

I am embarassed, and would NEVER intentionally suggest someone trespass. But, I did make the statement, and sincerely appreciate the comments. I would have felt terrible if I steered someone into a situation where they broke any law.

Keep on keeping it honest!

pappy
pappy is offline   Reply With Quote Quick reply to this message
Sponsored Links
Advertisement
 
Old 09-21-2006, 04:46 PM   #12 (permalink)
Super Moderator
 
Join Date: Feb 2005
Posts: 4,229
Default Re: Tresspassing on private property to fish

Quote:
Not really, think of it as for your safety...if you show up to hunt waterfowl, and you have a shotgun in hand, there is a "Make my Day" law that allows the landowner to shoot you if you are percieved to be a threat. You could argue you weren't, but that would be tough to do when you're 6 feet under.
"Make My Day" only applies when someone is intruding or has intruded in your home. The law does not apply if someone is on your property. i.e. you can't shoot someone because they are trespassing on your property even if you feel "threatened" unless there is some sort of tangible threat

Dan.

__________________
Life could be worse, you could be Zman or Rottal
idratherbfishing is offline   Reply With Quote Quick reply to this message
Old 09-21-2006, 04:53 PM   #13 (permalink)
Senior Member
 
Join Date: Feb 2005
Posts: 3,014
Send a message via Yahoo to fishingkats
Default Re: Tresspassing on private property to fish

funny that were talking about this
one of my relatives just had to pay a fine a few months back for walking the river to a hole and fishing it
the land owner saw them and called the cops and had them sited for tresspassing

with the river being dry or low right now the land is owned by the farmer

but my relative might get the last word in when it comes to this land owner that turned them if for fishing

the land owner was pumping water out of the river with gas pumps
and my reative was thinking of turning them in to the kansas water board for stealing there water
__________________
we need more water for our lakes
fishingkats is offline   Reply With Quote Quick reply to this message
Sponsored Links
Advertisement
 
Old 09-21-2006, 04:58 PM   #14 (permalink)
laker taker
Guest
 
Posts: n/a
Default Re: Tresspassing on private property to fish

No problem Pappy, the location that was referred to was a popular fishing spot and put-in spot for rafters and kayakers,,,, until someone got nailed by a 35 mph train several years ago. Most people have no idea that Railroad property is private property. With the advent of the homeland security stuff the railroads are on high alert for trespassers of any type.

Quote:
My neighbor is a lawyer and a big time hunter that took a similar case to court and won. *In his case he ID'ed a piece of public land that was surrounded by private land...all access avenues were posted as Private, No Tresspassing. *He pulled old aerial photos of the area before all the private ranches popped up and found an old public access road to the public land. *He approached the private land owner to request access via what was formerly a public road to public property. *Admittedly the road had been grown over with weeks and grass but it was established as a public road. *The landowner denied him access. *In court the judge granted my neighbor access siting an old law created in the early 1900's. *My neighbor cannot go off that road until he gets on public property but he did get access to the land.

That is an interesting case, and in this particular location there is a county road going to the ranchers property but I highly doubt the road gave access to the very tiny piece of BLM land (which happens to be an island in the middle of the river) prior to the D.&S.L. railroad claiming eminent domain of the property in the late 1800's.

Bottom line, I wouldn't tresspass on railroad property now that homeland security is a priority. The railroad is not an entity anyone wants to mess with.
*
  Reply With Quote Quick reply to this message
Old 09-21-2006, 05:17 PM   #15 (permalink)
Mr. Ed
Guest
 
Posts: n/a
Default Re: Tresspassing on private property to fish

Quote:
Originally Posted by Dan
"Make My Day" only applies when someone is intruding or has intruded in your home. The law does not apply if someone is on your property. i.e. you can't shoot someone because they are trespassing on your property even if you feel "threatened" unless there is some sort of tangible threat
Dan, suspicion of criminal intent is all that is needed. If you live on the property, or if it is your place of business, you are covered under the law (the key is the reference to 18-1-704)....some reading that may change your perspective...

A copy of the law...
http://www.co.jefferson.co.us/jeffco...d_statutes.htm

Newspaper articles...
http://www.gazette.com/display.php?id=1313093&secid=1
http://query.nytimes.com/gst/fullpag...659C8B63&fta=y
http://www.vaildaily.com/article/200...=7324839073168

Either way, I don't want to be on the bad end of that argument. I see no reason not to respect private property rights.
  Reply With Quote Quick reply to this message
Old 09-21-2006, 06:04 PM   #16 (permalink)
Senior Member
 
lake1177's Avatar
 
Join Date: Jul 2006
Location: Morrison,Co
Posts: 2,791
Default Re: Tresspassing on private property to fish

So, I've heard the only way to access the Fraser River north of Tabernash is to park, walk the railroad tracks, and then fish. Now if I do, I will be thrown in a federal prison? Glad I never attemped it!
lake1177 is offline   Reply With Quote Quick reply to this message
Old 09-21-2006, 09:08 PM   #17 (permalink)
laker taker
Guest
 
Posts: n/a
Default Re: Tresspassing on private property to fish

Quote:
So, I've heard the only way to access the Frazier River north of Tabernash is to park, walk the railroad tracks, and then fish.
There are three ways to access the Frasier between Granby and Tabernash.
1. Walk the rails, which is trespassing.
2. There is a private road to a small group of privately owned cabins in the canyon. Unathorized access without the landowner permission would be trespassing.
3. Hang-glide or parachute. Of course you would end up on either Railroad property or Andreen's property so your still trespassing.

Don't worry, I've fished the **** out of that canyon and it's not that great of fishing.
Only 5 pound brookies.
(not really)
  Reply With Quote Quick reply to this message
Old 09-21-2006, 09:24 PM   #18 (permalink)
Administrator
 
Join Date: Feb 2005
Posts: 10,399
Default Re: Tresspassing on private property to fish

Can you float this stretch?



__________________
There's a fine line between fishing and just standing on the shore like an idiot.

www.ColoradoMountainFishing.com

Here's to Tight Lines, Bent Rods, and Screamin Reels.... FISH ON!
epic is offline   Reply With Quote Quick reply to this message
Old 09-22-2006, 07:03 AM   #19 (permalink)
laker taker
Guest
 
Posts: n/a
Default Re: Tresspassing on private property to fish

Quote:
Can you float this stretch?
If you have a boat that drafts less than 6 inches of water. The frasier can get pretty shallow in several spots.
  Reply With Quote Quick reply to this message
Old 09-22-2006, 08:10 AM   #20 (permalink)
Senior Member
 
Join Date: Feb 2005
Posts: 4,773
Default Re: Tresspassing on private property to fish

LT do you work for the RR because you seem to know alot about it just curious. I'm no to sure about RR police or officials enforcing tresspassing laws because tracks have been mine and about 2000 other pheasant hunters hot spots for many years. I've spent countless days hunting tracks in colorado, kansas and nebraska and the only thing that a RR employee has done is waive, heck last year a track crew that a walked up on outside of Yuma gave me some pointers where they where seeing birds. I'm not advocating to people to hunt or fish by access of RR property and maybe I've just been lucky but my expereinces have never been bad. Also my father worked for the BN for 35 years just recently retired knew the special investigators and said they where not the most motivated department but then again he also stated there where over all not to many motivated departments. Now that I'm thinking about it a Sheriff stopped as I was coming off some tracks outside of Wray last year and shot the breeze with me about 15 min about the Quail hunting. Who knows maybe I've just been lucky and and I would hate to see someone get in trouble and maybe I haven't because I've been in such rural places
Bronco is offline   Reply With Quote Quick reply to this message
Reply

Quick Reply
Message:
Options

Register Now

In order to be able to post messages on the Colorado Fishing Forum forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:

Log-in


Thread Tools

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Gaining Private Property Permission khabibulin Colorado Fishing Lounge 12 06-26-2010 07:07 PM
Bill to allow boaters access to streams running through private property epic Colorado Fishing Lounge 15 01-21-2010 02:02 AM

» Forum Search
» Insurance
Powered by vBadvanced CMPS v3.2.3

All times are GMT -6. The time now is 03:11 AM.


Powered by vBulletin® Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.6.0 PL3
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.