What constitutes a "private" lake?

[CALVINIST]

I was checking out a small lake outside the metro area saturday morning. The lake had some houses around the perimeter. I fished for about 45 minutes when a guy met me on the lake and told me I couldn't fish there because it was a private lake. He told me I had to cross a very small strip of private property to get onto the lake (BTW, this land was not posted). I politely left the lake.

I agree it is not legal to cross private property to fish a lake, but what is the definition of a private lake, how does one find out if a lake is private or not, and how do I know someone isn't just giving me a bunch of bull to keep me off a lake that holds decent fish?

[JP Z]

A private lake is a lake that is completely surrounded by Private land. And it also doesn't have any brooks or streams running into it where you can get on it. But remember, if it is right next to a public road/highway the property owned by the state runs (35ft or so) from the center line. So this could let you legally walk on state land to get to the lake.

[Sutty]

I think you are on the right track. It is only private if it is surrounded by private land. You could verify what the guy told you with the DNR or consult a platt book for the county.

[cold one sd]

Here in South Dakota it is private if you can't get on through public right of way like a road ditch or a road that was flooded and is under water. It is easy to tell here, because usually someone will come out and talk to you and bring his shotgun just to make a point. Sometimes they are completely wrong but the shotgun wins the arguement for them.

[BobT]

I won't fight this but I don't know if owning the land around a lake makes the lake yours as well. I don't think you can own the water only to the shoreline. If I choose, I can drop in with a plane if it's big enough. I just wouldn't have access by walking across the property without permission. In the case where there is a stream or river, I can wade my way in.

I've thought a private lake was one that was built by the homeowner, in which case the property under the water would also be owned.

Bob

[markkstanley]

To my knowledge there is no such thing as a private lake in Minnesota. The state owns all lakes from the high water mark. It is just an issue of access that can keep you off. If you got to that lake via a small ultralight for example you could have fished it lawfully. I learned this from a friend whose property completely surrounded a small lake. The DNR informed him they wanted an easement to reach "their" lake and put in a small access. Rather than deal with land seizure he sold them the easement.

[Scott M]

Another bunk deal I've seen is when the road is the only way onto the lake as it runs right next to the lake. But there is no parking on that road or any connecting roads! Somebody solve this one for me. Get dropped off by my wife or what? Otherwise I may have to ask the locals but I doubt they want anyone on "their" lake.

[Meat-Run]

jpz, is correct!!! You have the "right-of-way" going for you. I had researched a lake east of Brainerd that was this same deal. There was private porperty all the way around this lake except one spot where there was a sliver of private property that seperated the lake from the road. I called a CO and got his imput and he stated that the 35 foot from middle of the road and out to ditch is the right of way and you can cross it. Like snowmobiling in a ditch etc. NOW the problem is if you walk onto the property and stop you are now considered trespassing. You have to continue moving to cross the land such as a driveway or so on. Soon as you stop your illegaly breaking the law even though that is private property. When and doubt just call the CO in your area. I was very surpised how the CO reacted to my question with great intheusiasm (sp) and told to call me immediately if somebody approaches me.

Good luck and call your CO they are a good tool not just law enforcement!!!!

mr

[Burchoid]

Guys, its not always 35', some are 25, some are 30, some are 50, some have no desiganted public right of way... READ THIS (Posted Below):

http://www.fishingminnesota.com/forum/showflat.php?Cat=&Number=928075&page=1&view=collapsed&sb=5&o=&fpart=1

I finally went down to the county to figure out what the deal is with the public right of way and certain lakes in my area...

Found several interesting things:

-The easement for the public right of way is always measured from the center of the road.

-The lake edge is defined as the "high-water" mark.

-although some easements are designated for the county, some may not be claimed yet by the county (i.e. still technically private property until claimed by the county/city)

-The width of the easement varies from road to road, even changes on the SAME road. Most seem to be 30-50 feet from the middle of the road on county and residential roads.

-Some roads do NOT have a designated width for the public right of way! It used to be a set 33', but there was a case that recently made it to the Supreme Court in regards to this. They concluded that the public right of way or easement on these roads can be defined by the road available for public use, which includes the area on either side of the road where snow from a plow goes! (I would imagine a minimum of 10' from the edge of the road). The unfortunate thing here is that this could be easily debated...

-Many landowners put up fake "no fishing", "no trespassing", and "no public access" signs to deter people who don't know the law. I would recommend leaving these signs up to deter other fisherman from fishing your hole.

All I can say is that I now have a few more lakes to go fish! I pay my taxes to keep the roads up, I pay for a fishing license, therefore I will fish lakes that are legally available to me!

Remember, if you are uncertain, check with your county and they can look up the exact road and show you if the easement crosses over into the lake's high-water mark on the map and even print it for you if you ask nicely.

All this info came from a county surveyor’s office in the cities here.

[mille lacs muskie bum]

I was spearing on a small lake a couple weeks ago and a guy tried to tell me he owned the bottom of the lake due to agricultural purposes. He said his property ran across the middle of the lake and we were on his side. Also he said he planted all the fish in there and we cant keep anything out of there.

[Mr. Pike1]

There is a nice 500 acre lake in Vandis Heights with an excellent fish population. However is sourounded by a gated community and can not be accessed by the general public.

[Ray Esboldt]

500 acre lake in Vadnais Heights? Are you talking about Pleasant in North Oaks? Heck, the residents aren't even supposed to fish that one. Notice, I say not supposed to. But boy, could I tell some second tales of residents that have.

[hondavxr]

I have stories about Pleasant also, but they are stories when I was younger and a little braver.

[G_man]

Or you could just have permission to cross one property owner's land to get to a lake. Does the person kicking you off know that you don't have it? You don't want to push a lie but if the person kicking you off isn't friendly ... how does he know for sure.

[Carp-fisher]

In Minnesota, the land 30 feet from the side of a public road is public land. Is this correct?

[Bigeye30"]

Wow what a great debate and thought, in my opinion please note opinion, the lake is owned by the residents who own property that is adjacent to the shoreline, actually they own what is defined as by law to a point somewhere in the middle of the lake evenly distributed amongst the owners, to say who owns the lake has actually been debated in other states, if I recall this was from a past post but not definate, something along the lines of a boater being issued a trespass ticket for boating in the south. I myself grew up on a lake and always found it comical that the ones who actually use the lake are generally not the owners, however I do believe that if the properties legal description contains that part of the lake then the lake may indeed be private, I always look at it this way, we have approximately ten thousand lakes in this state why go through the hassle of trying to get onto the one that some stubborn owner is claiming as his, who cares fish another one

[fishinrush]

So if I'm driving along Hwy 169, south of Garrison do I have to pay any access fees to get onto Mille Lacs?

[cold one sd]

We have a guy here that owns the land on both sides of a township road that ends at a boat launch. He was out on the ice charging everyone for access to the ice. Someone called the CO and he booted the (Contact Us Please) off of the lake. He should have made him return all of the money and put him up in the gray bar motel for a few days. We still have one in court here because the guy claims he owns the land under the lake. He's the guy that meets you with a shotgun if you are going on the ice or water.

[JP Z]

I've heard that is a problem in the dakotas. As the belief there from what I remember is the land under the lake is yours. Based on the floodplains, etc. So yeah, guys believe that they own the lake.

[markkstanley]

Different states have different laws on who owns the lake. In New York for example you can own a lake if your property surrounds it. Minnesota does not have that. The state owns the lake from high water mark. No one owns the lake bottom except the state (or in some cases the tribe which in reality is another formal state anyway). The only exception would be a man made pond that is not fed by an existing stream of some sort. Once you are on a lake no one can kick you off. They can have the peace officer waiting to arrest you when you come off the lake for trespassing though if you cross private property.

[BobT]

Bigeye30,

By your analogy, just about every lake south of a line from Duluth to Moorehead is virtually privately owned.

Bob

[Hammer Handle]

By the way, some of you are stating that you have legal right to walk in from a pulic road. Not always.

If it is a county road and the land owner owns on both sides of the road...he owns all of the ditch and the road. The county (and people) only have easement for the road. The landowner pays the taxes on the land the road takes. He can also stop any snowmobiles and people from walking in the ditch. I just found this out last year (at least that is what was explained to me).

[TNT4ME]

hammer,

did law enforcement tell you this or one of the owners of the land that was trying to keep you off the property. i think roads are public unless listed as private drive. many think that if they have it surrounded by private land,and there is no public access, then it is all theirs, and some do stock the ponds or lakes with fish and hate to see an outsider come in and enjoy, and will tell you almost anything to keep you out.

[love to hunt]

If the only way to access the lake is to cross private property then the lake inaccessable to the public. The residence surrounding the lake will automatically take to calling it a private lake though they do not own the lake itself, only the land around it.

If in anyway you can access through the use of public property or via a river, creek or stream then have at it, the residance can't do a thing about it.

Technically if you landed a helicopter on the lake and started fishing there would be nothing that could be done since you didn't cross any private property and the water is owned by the state.

[Dan Brelje]

in relation to bigeye30 i have heard that if a lake were to dry up, the owners had lines that went to the middle somewhere and the land was distributed. Any truth to this?