# Riparian Rights



## 03USMC31 (Feb 2, 2011)

2. Rights of Hunting
(i) Inland Waters - A riparian owner (owner of land abutting water) on an inland lake or a
stream also owns the submerged soil fronting the upland to the center of the lake or to
the "thread" of the stream.
In some instances, however, where fee title to submerged lands may have been
conveyed separately from riparian rights, a riparian may not have the exclusive right of
fowling. The courts have held that when such fee title is conveyed separately from
riparian rights, it must be specifically spelled out in the deed. In other words, the deed
should indicate that "the party of the first part withholds from the party of the second part,
and reserves to itself, the riparian rights attached to the submerged soil being
conveyed."
MCL 311.1; MSA 13.1321, as amended, reaffirms the common law and supporting
Supreme Court ruling, St. Helen Shooting Club v Carter, 248 Mich. 376; 227 NW 746
(1929) that the owners of land and their lessees or licensees have the exclusive right of
hunting waterfowl over the land. This right is vested solely in the landowner whether the
land be upland or covered with water, or whether on navigable (public) or non-navigable
(private) water. 


My question is does this mean that i cannot Float Hunt a strech of river/stream.

there is a small river near my hunting camp that me and a buddy want to Float Hunt, according to this: "the owners of land and their lessees or licensees have the exclusive right of hunting waterfowl over the land. This right is vested solely in the landowner whether the land be upland or covered with water, or whether on navigable (public) or non-navigable (private) water. "

i guess im just looking for some insight into this subject


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## FISHMANMARK (Jun 11, 2007)

There was a recent thread on this topic, I can't seem to find it. IIRC, if it's public land you are OK. If private you need permission.


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## Spartan88 (Nov 14, 2008)

The OP just woke a sleeping giant, or maybe more like a retired CO that wears mouse ears now.


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## foxriver6 (Oct 23, 2007)

03USMC31 said:


> 2. Rights of Hunting
> (i) Inland Waters - A riparian owner (owner of land abutting water) on an inland lake or a
> stream also owns the submerged soil fronting the upland to the center of the lake or to
> the "thread" of the stream.
> ...


Float hunting requires permission of the bottomlands landowner.


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## 03USMC31 (Feb 2, 2011)

there was something similar to this and this is where i got confused. that recent thread was focussing more on inland lakes the way i read it. the posting came with a link: 

http://www.michigan.gov/documents/Water97e_142928_7.pdf

and i was reading through this publication and it read in there that "that streams with a capacity for use 'to meet the needs and necessities of the people' are public streams, thus allowing establishment of navigability by proof of use other than the historical commercial uses." does this not mean that if it is "Navigable" that it is now a public waterway?

i know that if i were float hunting this river that any game that falls on private property i cannot legally collect without owner's permission. but the waterfowl that fall in the water would be fair game? correct me if im wrong but are these contradicting themselves here? also so you are telling me that the 10 mile stretch of river that we want to hunt we would have to get permission from every landowner in order to legally be able to hunt?


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## boehr (Jan 31, 2000)

Spartan88 said:


> The OP just woke a sleeping giant, or maybe more like a retired CO that wears mouse ears now.


Nope, that would be a false statement because for the most part, I just don't care or keep up with Michigan laws anymore. I really don't see myself ever hunting in Michigan again. Not that it is not a great place to hunt just that I have found other interests over hunting. Fishing, now I might still do that in Michigan with my grandsons, especially since I have a lifetime fishing license. So I'll leave riparian rights for you all to argue about and for some that argue wrong to get tickets for trespass in the future.:evilsmile

Carry on.


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## malainse (Sep 2, 2002)

03USMC31 said:


> i know that if i were float hunting this river that any game that falls on private property i cannot legally collect without owner's permission. but the waterfowl that fall in the water would be fair game? correct me if im wrong but are these contradicting themselves here? also so you are telling me that the 10 mile stretch of river that we want to hunt we would have to get permission from every landowner in order to legally be able to hunt?


No you are not correct...


Navigable states that you can float the river an fish. It has nothing to do with hunting. As stated by others, hunting is a bottom land/Riparian right. 

So: 

-If deemed navigable river you can hunt public land side or on lands that you have permission from the owner. Can fish on all of the water. 

-If non-navigable you need permission from the Riparian(s) to float and further to hunt. If State is Riparian, you can hunt and float that section as permission is granted by them. 


Further from the document you looked at:

G. Right to Take Game - Generally
The right to take game is a private property right vested solely in the property owner.
This is unlike the right to fish which arises by the establishment of public water through
its use, as well as the waters capacity for use in transportation and travel, and from the
fact that there is no private ownership in the fish or in the right to take fish from public
waters. Being a private property right, the taking of game is lawful only with the
permission of the property owner.
The picture is best summed up by example. The public has a legal right to fish from a
boat during open season on public waters, but this right would not include the shooting
of ducks from the same boat without permission of the riparian owner, even though the
shooting season was open. This violates a property right.


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## JWICKLUND (Feb 13, 2005)

This has been covered many times over the past several years. The land owner controls the exclusive hunting/trapping rights to the thread of the river. If both sides is owned, you are limited to fishing and you can float a river for that purpose. You are allowed to get out of the river and walk onto land regardless of ownership to go around obstructions or hazards provided you immediately go back into the water. Navigatibility is determined by the "float test" which goes back to the river logging days. All this has been covered so look at past posts if you have further questions.


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## 03USMC31 (Feb 2, 2011)

i want to thank all of you i think now i have a pretty good understanding on this now. i guess what confused me is the public/private, navigable/non-navigable. i guess i didnt understand that the riparian had rights to the submerged land. thank you again


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