texasfishingforum.com logo
Main Menu
Advertisement
Affiliates
Advertisement
Newest Members
TraeMartin, Power-Pole CS, T-Rigger, JoeGoes, EcKo
119150 Registered Users
Top Posters(All Time)
hopalong 120,565
TexDawg 119,510
Bigbob_FTW 94,875
John175☮ 85,892
Pilothawk 83,259
Bob Davis 81,465
Mark Perry 72,280
Derek 🐝 68,311
JDavis7873 67,416
Forum Statistics
Forums59
Topics1,037,798
Posts13,934,678
Members144,150
Most Online39,925
Dec 30th, 2023
Print Thread
Page 1 of 2 1 2
Can you legally keep someone out #11604656 05/16/16 12:50 AM
Joined: Jan 2011
Posts: 4,194
R
rxkid2001 Offline OP
TFF Team Angler
OP Offline
TFF Team Angler
R
Joined: Jan 2011
Posts: 4,194
On a lake I fish a lot there is a portion way up the river that the property owners have up signs saying private property don't go past here basically. If you are on navigable water how can they legally keep you out? I understand being on land would be a nono but they don't own the water right?

Moritz Chevrolet - 9101 Camp Bowie W Blvd, Fort Worth, TX - Monte Coon (817) 696-2003
Re: Can you legally keep someone out [Re: rxkid2001] #11604705 05/16/16 01:17 AM
Joined: Jan 2007
Posts: 10,559
J
Jarrett Latta Offline
TFF Guru
Offline
TFF Guru
J
Joined: Jan 2007
Posts: 10,559
If it's a public lake and not some special area, no they can't. Some docks on Lake Austin have signs that say, do not cast around dock, we fish those hard if someone is around...

Re: Can you legally keep someone out [Re: rxkid2001] #11604715 05/16/16 01:24 AM
Joined: Jun 2012
Posts: 1,390
A
Andrew Y'Barbo Offline
Extreme Angler
Offline
Extreme Angler
A
Joined: Jun 2012
Posts: 1,390
Now we ran into this while duck hunting. You can no venture out of the creek,river,lake beds when the water is up. So if you can get to a slew that you usually can't. It is illegal. That is how it was explained to me.

Re: Can you legally keep someone out [Re: rxkid2001] #11604777 05/16/16 01:54 AM
Joined: Feb 2015
Posts: 4,724
F
Flippin-Out Offline
TFF Team Angler
Offline
TFF Team Angler
F
Joined: Feb 2015
Posts: 4,724
I have not checked all aspects of related Texas law, but I do know the part Andrew explained is correct. I believe the answer is tied to what water is navigable at a certain (normal) water level. You can't go into what can't be accessed at that level or lower. This makes it legal to restrict access to a creek drain above a certain elevation, for instance.

Another aspect relates to whether an area was flooded via private dredging. I have not confirmed that this applies in Texas, but it does in a number of other states. For example, I might dredge 1 acre of my owned land adjacent to a public water body so that it floods so I can make a private marina. In some states, that area is deemed private; access can be legally restricted. If someone knows with certainty if this applies in Texas, please comment.

Last edited by Flippin-Out; 05/16/16 01:55 AM.
Re: Can you legally keep someone out [Re: rxkid2001] #11604791 05/16/16 02:00 AM
Joined: Jul 2014
Posts: 4,340
B
Bobby Milam Offline
TFF Team Angler
Offline
TFF Team Angler
B
Joined: Jul 2014
Posts: 4,340

Re: Can you legally keep someone out [Re: rxkid2001] #11604801 05/16/16 02:05 AM
Joined: Aug 2006
Posts: 1,055
B
Bassdeer Offline
Extreme Angler
Offline
Extreme Angler
B
Joined: Aug 2006
Posts: 1,055
not sure about TX but in MN public water is that public, also anybody's dock on public water is also public ( so you could pull up to there dock and get out of your boat and fish off there dock) crazy ha.

Re: Can you legally keep someone out [Re: rxkid2001] #11604846 05/16/16 02:28 AM
Joined: Aug 2009
Posts: 11,105
9094 Online Content
TFF Guru
Online Content
TFF Guru
Joined: Aug 2009
Posts: 11,105
I know that on Granbury back in the 80s a judge ruled that a landowner Could keep the public out of a creek on the river. There is still a gate guilt that goes across the entrance to the creek but it stays open now. The original landowner died and the new owners don't care if you fish in there.

Re: Can you legally keep someone out [Re: rxkid2001] #11607427 05/17/16 11:31 AM
Joined: Oct 2004
Posts: 38,822
K
KingwoodCat Offline
TFF Guru
Offline
TFF Guru
K
Joined: Oct 2004
Posts: 38,822
Originally Posted By: rxkid2001
On a lake I fish a lot there is a portion way up the river that the property owners have up signs saying private property don't go past here basically. If you are on navigable water how can they legally keep you out? I understand being on land would be a nono but they don't own the water right?


Depends on where you re at. In Louisiana the courts have sided with the land owners in many, many cases.


"Any man who thinks he can be happy and prosperous by letting the government take care of him had better take a look at the American Indian".

Henry Ford
Re: Can you legally keep someone out [Re: rxkid2001] #11607571 05/17/16 12:54 PM
Joined: Oct 2013
Posts: 601
steve Mbass Offline
Pro Angler
Offline
Pro Angler
Joined: Oct 2013
Posts: 601
This exact question came up last week. I wife was doing a web site for a fishing guide in Louisiana and he called last Friday and said to stop working on the site. The young guide said that he was fishing on his home lake in Louisiana next to a dock and the owner came out and told him he could not fish there and needed to leave right away. The fishing guide did not move fast enough for the owner and he pulled a shotgun on him and started to fire two shoots in the air and then fired right at him. The owner did miss him but it scared the guide so bad that he told me he was selling he boat and all his gear.

I could not believe what I was hearing. I check into it and it looks like in Louisiana that it is true that the land owner has the right to the water in front of his dock. The young guide is a religious guy and felt like being a guide is not what god wanted him to be. I tried to talk him out of that ideal but there was no talking to him. I think that is a very sad story.

SM

Re: Can you legally keep someone out [Re: rxkid2001] #11607771 05/17/16 02:22 PM
Joined: Sep 2011
Posts: 382
L
LukeMcFarlane Offline
Angler
Offline
Angler
L
Joined: Sep 2011
Posts: 382
I fish both texas and La often and in Texas they do not own the water. In general if you can get to it by boat you can fish it. In LA most of the water in the state is private.

Re: Can you legally keep someone out [Re: rxkid2001] #11607886 05/17/16 03:12 PM
Joined: Jun 2008
Posts: 3,334
H
Hog Jaw Offline
TFF Team Angler
Offline
TFF Team Angler
H
Joined: Jun 2008
Posts: 3,334
9094 , I have seen the gate you are talking about , never went thur there , did not why it was keeping boat traffic out . Part of gate is still there .

Re: Can you legally keep someone out [Re: rxkid2001] #11607889 05/17/16 03:14 PM
Joined: Nov 2002
Posts: 54,174
R
RayBob Offline
Super Freak
Offline
Super Freak
R
Joined: Nov 2002
Posts: 54,174
Louisiana is a very backward state. I still sneak in and snaek back out from time to time. Gotta think the shooting incident during the Classic down on the Delta has contributed to BASS not returning to NOLA.


Advice? Wise men don't need it. Fools won't heed it.

Re: Can you legally keep someone out [Re: rxkid2001] #11607914 05/17/16 03:28 PM
Joined: Sep 2011
Posts: 382
L
LukeMcFarlane Offline
Angler
Offline
Angler
L
Joined: Sep 2011
Posts: 382
There is legislation in the works that could open up the water in LA. Hopefully it gets passed.

Re: Can you legally keep someone out [Re: rxkid2001] #11607958 05/17/16 03:44 PM
Joined: Sep 2011
Posts: 382
L
LukeMcFarlane Offline
Angler
Offline
Angler
L
Joined: Sep 2011
Posts: 382
They advertise it as the sportsman's paradise but the average sportsman cant legally access most of it.

Re: Can you legally keep someone out [Re: rxkid2001] #11608021 05/17/16 04:12 PM
Joined: Apr 2013
Posts: 378
T
Todd Ivins Offline
Angler
Offline
Angler
T
Joined: Apr 2013
Posts: 378
Lake travis has a bunch of "No Motor Boat" Bouys set out hundreds of yards off the bank. And people regularly come out and yell at you if you venture past. How is that legal? Is it City Ordinance? Me and my partner were at Bass Champs and the last buoy said "No Wake" so we ventured in and a 300 lb black lady came down to the bank and started screaming at us. I tried to tell her the buoy she was in question about was a no wake and I could in fact be there. She kept screaming "Outside the Buoys!!!" It was hilarious. I looked at my partner and said "I just paid $300 to get yelled at by a large black woman. Its getting ridiculous...


"My Dad taught me how fish relate to structure....he left out how women relate to fishing."
Page 1 of 2 1 2
Previous Thread
Index
Next Thread

© 1998-2022 OUTDOOR SITES NETWORK all rights reserved USA and Worldwide
Powered by UBB.threads™ PHP Forum Software 7.7.3