# Riparian rights, how are they determined???



## grizz660 (Nov 19, 2002)

Can someone point me to the definition of how Riparian Rights are determined for inland lakes in Michigan? I have searched here, the DNR and the DEQ web site but have not found the legal definition, public act, or law by the state of Michigan. I believe it is property line border at water's edge out to center of the lake. Does this sound correct?? The lake is less than 200 acres if that makes a difference. Thanks in advance for any help.


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## boehr (Jan 31, 2000)

You are correct in the simplest terms.

Here is additional information if you would like to read up on that subject more.

http://www.michigan.gov/documents/publicrights_22525_7.htm


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## grizz660 (Nov 19, 2002)

Thanks Ray, EXACTLY what I was looking for.


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## toto (Feb 16, 2000)

Look up Littoral Rights


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## Crawfish (May 7, 2002)

Boehr's link appears to be dead now. I think this might have the same information:

http://www.michigan.gov/dnr/0,1607,7-153-10366_15383-31738--,00.html



> 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.


The second paragraph addresses the rare case where at some point in time, a landowner sold off the submerged bottomlands separately from the surrounding uplands. This was the case on Lake St. Helen, referenced in the text above, where a hunt club owns the bottomlands (and consequently the duck hunting rights) on the entire lake.


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## boehr (Jan 31, 2000)

The (link) information is being updated because of the latest Supreme Court Ruling on walking the beach along the Great Lakes.


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## RabidMonkey (Aug 10, 2004)

I have a question in the ball park of Riparian rights. I was planning on float hunting for deer for the first time. The stretch of river I was planning on hunting is mostly public land, with a couple pieces of private property. When I am passing through the sections bordering private property, do I need to unload/case my rifle?


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## boehr (Jan 31, 2000)

No you don't have to unload unless you are floating by with a motor running then you always have to be unloaded.


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## BackStrap (Sep 7, 2001)

So if a body of water receeds, can shore owner automatically claim that exposed land or is there a process to go through? I own up to a lake that has almost completly dried up. Can I plant trees or otherwise develop this land?

I know it isn't a hunting question, but I thought someone might know. I read the link and didn't find mention of this particular situation.


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## boehr (Jan 31, 2000)

My advice would be to check with the Dept of Environmental Quality, Land & Water Management Section. There could very well be some requirements by law dealing with the Inland Lakes & Streams law that DEQ regulates. Most of the time, to the best of my knowledge, your deed will have a specific boundry listed. Remember riparian rights doesn't mean ownership. You pay taxes on land owned, you don't pay taxes on riparian lands.


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