# I NEED HELP FAST BEFORE THE WATERFOWL OPENER THIS WEEKEND ON A "PROPERTY ISSUE"



## quackmaster (Sep 29, 2004)

My name is Pete, im new to the site today and mainly for this reason. "A PROPERTY ISSUE". THe problem is a big one if your a waterfowler like me. Ive been hunting my whole life and my family has been hunting a spot every opening weekend in the middle zone for 35 years, its tradition. THe problem is that spot was taken away today by a supposed property owner. THE QUESTION IS "*CAN THE LAND WE HUNT ON BE CONSIDERED SOMEONES* *PERSONAL PROPERTY?*". Only a hunter could answer this question and this is why i ask on this site. THe spot we hunt is on wetland/marsh, but it is the type of marsh that brings up my question. The land we hunt on is a floating bog practically, it is roots and sediment clung together that basically float on the water, but eventually turn to dry land about 2000 yds from our spot. Our blind sits on this floating bog, there is no attachment of any kind to the bottom of the lake, simply floating land. You can put your foot through it and not find bottom, its that deep and that far from the bottom. Can this be considered part of someones property or is it considered public land. The problem is that this floating property lies within this new owners property lines. He plans on using "our" blind opening weekend and he basically threw out our family tradition. Is there anything I can do, does anyone have any ideas. Its floating wetland WHO HAS THE RIGHT TO HUNT??????? Also I found out from the DNR that the lake is a public lake because there is a DNR access site, but no launch. ALso the lake is considered a meandering inland lake and our blind sits on a floating cranberry bog classified as wetland area. THe DNR could not help us on this one so i turn to this site. *PLEASE HELP ME OUT ANY INFO OR COMMENTS GOOD OR BAD WOULD BE APPRECIATED, GOT TILL THIS WEEKEND TO FIGURE IT OUT!!!! *THANKS AND GOOD LUCK TO ALL OF YOU GETTING OUT THERE THIS WEEKEND< SHOULD BE A GOOD SEASON!!!!!!


----------



## Ferg (Dec 17, 2002)

I'm not sure what a 'meandering lake' is - but I would think that the property owners rights end at the water line, unless it's wholy surrounded by private property - but I don't have that information - nor that name of the lake - or plot maps - but the riperan right of the land owner ends at the waters edge - again except where the body of water is wholy owned by private persons.

ferg....


----------



## dongiese (Jun 10, 2002)

I would say If there is public access on the lake then it is first come first hunt.


----------



## Ferg (Dec 17, 2002)

educated myself - I would agree, with DNR access and public land adjacent - I would also say first arrive, first hunt - 

ferg....


----------



## Freestone (May 15, 2003)

Can you go to the Township office and see if there is a survey on file for this parcel? That may tell you alot.

It sounds to me like you're on thin ice so to speak with your "floating bog" theory. If it were me I would probably concentrate my efforts on finding a new place to hunt and look into this in my spare time.

I guess I'm a non-confrontational kind of guy and I hate hunting a spot that you have to fight someone for. It takes the fun out of it.


----------



## quackmaster (Sep 29, 2004)

I agree with you both that I am not looking for a fight and am a respectful waterfowler. I have hunted for my whole life in this spot and im not sure why the issue comes up now, but it is a great spot. I am not looking for trouble at all though, just the truth. Who wouldnt defend their favorite spot that holds so many good memories. Im just looking for answer, if i have to move, ill move. I know things change, but if I can stay I will. I hope that this clarifys the type of waterfowler I am. I respect the sport, the rules and regulations, and especially the game itself. I live for waterfowling I just hope that i can get this sorted out in a respectful manner before the season starts. THanks again guys for the posts.


----------



## Ferg (Dec 17, 2002)

Quackmaster - you said that it turns into 'land' @ 2000 yards from your spot - that more than a mile away? (is that number correct?) Anyway - is that the closest point for dry land? AND is that the spot that the new owner is claiming? He may, in fact just be ignorant of what is actual property rights are in this instance. I know people that think the own to the waters edge - where ever that may be - but we know that that is simply not correct - the lands underwater of the 'normal high water' mark belong to the state - not the property owner, again, unless its a private body of water wholey owned by the property owner(s), in many cases multible owners around a lake who in that case own the water too - out to a spot created by the intersection of property lines - 

There actually is another thread about his on this site in the forum - do a search and it'll turn up - 

Good luck and please let us know what you turn up in your search and besure to let us know how the hunt goes  

ferg....


----------



## Bob S (Mar 8, 2000)

The following quote by Boehr is from 07-18-2004, 09:28 PM. It sounds like it might fit the question posted here. Remember, the land owner has the hunting rights in front of his property, to the center of the lake.



boehr said:


> All depends on what you mean by public state owned lake. If the adjacent property is private then that property owner has riparian rights. Hunting and trapping are exclusive rights of the riparian owner. Most inland lakes are public lakes but that doesn't mean the public has a right to hunt there.


----------



## just ducky (Aug 23, 2002)

Bob S said:


> The following quote by Boehr is from 07-18-2004, 09:28 PM. It sounds like it might fit the question posted here. Remember, the land owner has the hunting rights in front of his property, to the center of the lake.


THANKS BOB! I was looking for that same discussion from this summer. My recollection of Boehr's opinion, as the quote says, is that for HUNTING it has nothing to do with whether there is public access or not. On inland waters, the adjacent property owner has HUNTING rights to the center. Not so for fishing, and I'm not sure why the law differentiates, but then I'm not a lawyer.... :yikes: I think someone needs to hold a conference at one of the summer waterfowl clinics about this issue because I'd bet it's one of the most misunderstood provisions in the law.


----------



## Hi Ho Silver_Joe (Aug 4, 2003)

Bob S said:


> The following quote by Boehr is from 07-18-2004, 09:28 PM. It sounds like it might fit the question posted here. Remember, the land owner has the hunting rights in front of his property, to the center of the lake.


If you're referring to Tawas lake, I would think those floating islands are public land. I'm not a lawyer but there's no way a land owner could consider those floating islands personal property. STAND YOUR GROUND! If the DNR doesn't kown the answer... their only recorse is to prohibit both parties from hunting "Disputed" land.


----------



## Beave (Aug 26, 2002)

The best bet is to call your local CO. He'll know the water body in question most likely.


----------



## Banditto (Jun 9, 2000)

I agree with Beave. Keep us updated on your results.


----------



## boehr (Jan 31, 2000)

There is not enough information provided for me to give a "for sure" answer. Based on the information, unless that floating bog is on the portion of that lake that is part the of ripairian bottomlands of the DNR access land then a person must have permission to hunt on anyone elses riparian bottomlands which includes all the surface water, bogs etc. Hunting and trapping are exclusive rights of the property owners in 95% of all inland waters. There are some exceptions like Lake St. Helens


----------



## Burksee (Jan 15, 2003)

Beave said:


> The best bet is to call your local CO. He'll know the water body in question most likely.


I agree, and cheaper than a laywer
that wouldnt get it resolved til this time next year!


----------



## just ducky (Aug 23, 2002)

Hi Ho Silver_Joe said:


> If you're referring to Tawas lake, I would think those floating islands are public land. I'm not a lawyer but there's no way a land owner could consider those floating islands personal property. STAND YOUR GROUND! If the DNR doesn't kown the answer... their only recorse is to prohibit both parties from hunting "Disputed" land.


Whoa there Silver!!!! Geez, this kind of attitude is exactly what gives us hunters a bad name! The local DNR has to give you an answer...that's their job, and like it or not, we have to abide by it. Sure, if you don't like that answer, then you can follow your legal avenues to appeal. But for gosh sakes, let's don't encourage confrontations in the woods....it doesn't solve anything.


----------



## Hi Ho Silver_Joe (Aug 4, 2003)

just ducky said:


> Whoa there Silver!!!! Geez, this kind of attitude is exactly what gives us hunters a bad name! The local DNR has to give you an answer...that's their job, and like it or not, we have to abide by it. Sure, if you don't like that answer, then you can follow your legal avenues to appeal. But for gosh sakes, let's don't encourage confrontations in the woods....it doesn't solve anything.


"THe DNR could not help us on this one so i turn to this site. PLEASE HELP ME OUT ANY INFO OR COMMENTS"

Read his original post.. He said the local DNR didn't have the answer. I've had "Hunters" post state land in the past and try to kick me off. When I told the to call a CO if they wanted me off, the melted into the woods never to be seen again. I think I know exactly were this land is... and I know for a fact these floating islands are public property.


----------



## Burksee (Jan 15, 2003)

Hi Ho Silver_Joe said:


> ...............I think I know exactly were this land is... and I know for a fact these floating islands are public property.


Then why dont you send quakmaster a PM with your phone number, have him call you so you can supply him with your proof he needs so he can go hunt! 

Quackmaster: If the DNR cant offer an answer then I'd be checking with the township or county and get a ruling from one of them. Sorry to hear your having to deal with this situation so close to the opener........


----------



## boehr (Jan 31, 2000)

I can see this one is going no where - closed.


----------

