If Public water is Public

[dadman]

If You leave A fishouse on Public water, unattended does it become Public like a Deer stand? Would I be able to move it and fish where it was? Remember it is Public water!

[eyemaster]

I don't think that is appropriate! I am surprised that someone would actually ask a question like this.

[riverrat56]

Fishhouses have licenses, they become private property then, thats why a CO or anyone else needs permission to enter the house.

[CrappieAttitude]

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If You leave A fishouse on Public water, unattended does it become Public like a Deer stand? Would I be able to move it and fish where it was? Remember it is Public water!

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Are you kidding me??? So by this thought process would you think it would be fine to take someones boat who happened to be tied up to a "public" dock? Unattended or not, that's what the license is for.

[nofishfisherman]

Also if I leave my car parked in a public place like a parking lot at the landing. Is that fair game then since it is on public land? All in all a pretty stupid question.

[Mr. Pike1]

Interesting post. I do believe that a dock extended into public water is actually public.

[mtheis]

On Silver Lake near my home a woman came out and rudely asked us to leave the area because we were fishing near her dock. The area where she lived was "set back" into the bay where she most likely thought she owned the bay and water it surrounded.

This has happened to me on White Bear Lake, and other lakes up north by the Virginia area.

The reason I bring this up is I think it is a common notion among Lake owner people that they own the water their home is next to.

[eggdish]

this is a very interesting question. i believe that technically it would be a private possession on a public area, owned by one on an area for all. this would go the same for a car in a public lot. this being said, you would have to have some pretty big ones to actually move someone elses house so that you could fish their spot. if they caught you doing it, would they technically be able to say you were trying to steal it and press charges? i have to give you credit though for thinking the way you do.

[Cheetah]

Yep, they probably do think that because they own the land up to (and maybe under) the water, that they own the water too.

Technically, I do believe they do NOT own the water, and there is nothing they can say to you if it is a publicly accessible lake.

Now, if you drill some holes through their kid's shoveled ice skating area on the lake... that's another story. You're probably just asking to get your (Contact Us Please) kicked then.

[CrappieAttitude]

If the shoreline at the beginning of the dock is on private land, wouldn't you think that would make the dock private? I am not sure what the law states on this one. It could be another one of those gray areas.

[Eric Wettschreck]

A dock extending into a navigable waterway is public. Even if it's touching private land the dock itself belongs to the public. Much like a tree stand on public land.

I like the car parked in the public lot scenario. Does this mean when I'm swimming in the public lake my swimsuit is also public and anyone can take it???

[Dances with Walleye]

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On Silver Lake near my home a woman came out and rudely asked us to leave the area because we were fishing near her dock. The area where she lived was "set back" into the bay where she most likely thought she owned the bay and water it surrounded.

This has happened to me on White Bear Lake, and other lakes up north by the Virginia area.

The reason I bring this up is I think it is a common notion among Lake owner people that they own the water their home is next to.

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I've run into this before...

My Buddy's parents have a cabin on a lake in the Longville Area... Once a year they let us go up there and spend an entire week just as our vacation.

The lake is little more than a 300 acre pan fishing lake, with a pike population and a scant number of walleye... But back from the main lake there is this little channel (That was actually made by beavers) which connects the main lake to this small open back bay. where there is only one cabin.

We were trolling around back there, and hit a Walleye at the end of this guys dock...

He comes running out and informs us that we have to leave the area, and then said, that international waters start 12 miles out from the US coast, and that he owns 12 feet out from the end of his dock.

Which is total talk etc...

But we went on... The next day we were trolling through the area, and the guy was up at his cabin shooting his shot gun in the air. (Presumably to scare us off.) But we weren't even near his dock!

Day three, we find that he's placed markers 10-12 feet in all directions around the end of his dock...

So we anchored up about 15 feet out, and started casting under his dock to pull out the Walleye he had taking refuge under there.

Pulled out a 22, 15, and a 17 incher.

Went up there last year, and sure enough he replaced the markers with two bouys 12 feet out from his dock with "NO TRESPASSING" signs.

He's convinced that he owns his 12 feet of shore line!

[Eric Wettschreck]

If you really feel like pushing the issue you can contact the DNR. You need DNR permission to put buoys in the water.

That's if you really want to push the issue.

[stmichael]

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Does this mean when I'm swimming in the public lake my swimsuit is also public and anyone can take it???

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Boilerguy, Boilerguy, Boilerguy (said while shaking head)

I got in a little late and had to edit...OOPS!

[The Grebe]

In reading some of these posts, I believe one would be safe to assume that the roads that are plowed on Mille Lacs, or any lake for that matter, basically end at the resort owners high water mark?

That being said, once you pay a crossing fee at one resort on the lake, one could go where they please, no matter who plowed the other roads? That sound about right? Yes, no, maybe?

[nofishfisherman]

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In reading some of these posts, I believe one would be safe to assume that the roads that are plowed on Mille Lacs, or any lake for that matter, basically end at the resort owners high water mark?

That being said, once you pay a crossing fee at one resort on the lake, one could go where they please, no matter who plowed the other roads? That sound about right? Yes, no, maybe?

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That is correct. Once on the lake you can go where ever you want. This has been discussed several times in a few different forums.

[Scott M]

I've been reading everything in the ice fishing forum this whole week and there sure are a lot of questions about public waters, right of way, etc. The original is a good question, just as many others following have been. I wish I had an answer for them.

One interesting thought...in Sweden, all land is public. If you buy a fishing license, you can stroll onto anyone's land and fish a river, lake, or stream. Property rights and common goods sure do get mixed up in this country.

Do we have a tragedy of the commons in both overuse and bickering over use?

[The Grebe]

Da...One of those days...not writing with conviction, just writing, waiting for the snow to stop so I can get out plowing and make some dough!

Most all the subjects on this site get hashed and rehashed occassionally and if you stick with the site long enough, you will probably find the answers to all things large and small....probably 5 or 6 times!

As far as how the Swedes do things, I guess I'll let the Swedes deal with that! Come to think of it, my brother-in-law is a Swede? Maybe I'll have him solve this right of way, public water thing?

[Orlip]

This is from page 3 of the fishing regulations. Should clarify some of issues.

What is lawful access?

A stream or lake is lawfully accessible if there is a public access, or if public land or a public road right-of-way borders the surface of the water, or if you have permission to cross private land to reach the surface

of the water. This includes walking in the water or on the ice in connection with such activities regardless of who owns the land beneath the surface of the water.

What waters are open to recreational use?

A stream or lake is open to recreational use over its entire surface if it is capable of recreational use and if it is lawfully accessible. Any water that will float a canoe is capable of recreational use, but other waters

may also qualify depending upon the circumstances.

[MLaker2]

Once, I had a guy slide my 6X8 hard sided fish house off its spot and found him and his 4 year old fishing in a portable thru my old holes. I just moved down the break a few yards and still caught fish. HE WAS REALLY LUCKY HE HAD HIS KID WITH HIM THO!!!

[Northlander]

This is a new one I havent heard before. Thats probably because nobody would think to ask such a crazy question. Move someones ice house? You would have to be out of your mind.

[Augusta]

Just when you think you've heard them all......

[WIllsdad]

The law on the whole thing is this: Any water that can float a canoe (even if the land underneath is privately held) is considered public and anyone can use it as their own. So somebody can techincally come to your shoreline and put a chair and bring their family to hang out in 6" of water in front of your house and can not be made to leave. Even if you pay taxes on the land they are standing on. It is an extremely STUPID law that the C.O. in our area likes to enforce (not in the land owners' favor). I know first hand from experience we have had duck hunting. It is illegal to post a no trespasing sign in 6" of water in front of your house.

I dont think it is rude to put your ice house in front of someones property unless it is 3 feet away from shore and you are going to leave it there. If everyone uses common courtisy and respects one another, nobody would ever have anything to worry about!

[Guest]

I have had people come out and ask me to collaps my portable ice fishing house on Lake of the Isles in Minneapolis bcause it ruined their view... there are no houses on the shoreline, and the lake parkway is surrounded by houses.. and the lake is a city park... Are you kidding me???

They dont allow unattended houses on these lakes to be left overnight.

I am sorry, too many of the people who live around the public lakes go to far. If they want that much solitude, they can dump the cash to buy all the land surrounding a lake somewhere.. then they can own it.. until then, I am going fishing where the fish are.. if the bite is good in front of your house, expect me to be some of your scenery for a while.

Someone telling you to collaps your ice house because it ruins their view of a city lake... Thats up there with standing on shore fishing and someones dog(off leash) comes barking and nipping at you and the owners yell at you to quit harassing their dog.

SO a licensed fish house unattended is supposed to be public propery, My truck should be free to the public if I am not in it..

These are some of the most ignorant statements I have ever heard, and I am almost ashamed that anyone comes up with these ideas. Does nobody have anything better to do in a day than to think this stuff up???

No wonder why the doctors think I am crazy! I am unable to use *rational thought* like the rest of the general public! I dont have enough time in a day to think this dump up.

I think common sense dissapeared the day it became illegal for daddy to bend kids over his knee when they thought up and did things like this.

What a joke. Get a life... (with morals preferably so we dont have to incorporate 16 more laws to try to find a way you have equal rights to someone elses property)

If you guys want to ban me for having an opinion, so be it.

[Ray Esboldt]

That Guy,

Though I may not always agree with your opinions, I like it when you let them loose. The one I agree with whole heartedly:

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I think common sense dissapeared the day it became illegal for daddy to bend kids over his knee when they thought up and did things like this.

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That, my friend, is it in a nutshell.