# am I trespassing?



## Dutchman (Jan 17, 2000)

Where I am intending to duck hunt on the southern opener is in a bayou or backwater off a river. In order to get in to this backwater you have to push your boat through 8" to a foot of water that is around 8' wide x 10'long of the main channel of the river.It then opens up into a big cresent moon shape that is,at it's widest 200'.The far end almost swings back into the river upstream of the entrance. "I think in high water it connects to the river".It is surrounded by one land owner and there is a small cabin on it.HERE is the million dollar question,,,Is that body of water concidered private? I don't know if there will be a problem with the owner, But I like to have all my Ducks in a row, just in case there is a conflict.,,,so what do ya's all think? Oh yea did I mention that there are a ton of woodies and mallards there? 
If I had to I could get a run at the channel and let momentum take me the rest of the way in to the channel. It is just easier to push through at 4:00 am.


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## boehr (Jan 31, 2000)

On all inland waters hunting and trapping are exclusive rights of the riparian owner. It is not like fishing and boating. To hunt or trap on any inland water you must have the adjacent property owners permission.


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## hypox (Jan 23, 2000)

does that go for a river as well??


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## Byron (Dec 8, 2000)

"any inland water" certainly includes rivers.


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## boehr (Jan 31, 2000)

In goes for rivers too.

The exceptions would be Detroit River, St. Mary's River, St Clair River, Lake St. Clair and the Great Lakes.


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## beer and nuts (Jan 2, 2001)

Also curious, I hunt a large flooding that has state land that boarders 1/4 of it and has about 100 feet of state land that you can access the water. All other land around the flooding is private, and the flooding is actually on private land except for the small area that the state land comes down to. Is it legal to hunt this "water" because the state land touches the 100 feet or so of the flooding or can you just hunt in front of the state land??

We have permission from the majority land owner around the flooding, but we do have a few hunters that come off the state land and hunt once in awhile.


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## Steve (Jan 15, 2000)

So what about larger lakes like Houghton for example of which the shore mainly consists of private owners except for a few public launch sites? Is the hunting restricted to just off of the launch site?


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## boehr (Jan 31, 2000)

Steve...technically by law yes, even on Houghton Lake.

beer & nuts...your post indicated a flooding which may or may not be classified as an inland lake. I can't give you a correct answer without being familar with the area you are talking about. My best guess from your post is that the pie shaped definition would not apply and that there may be distinct property lines for a flooding.


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## Dutchman (Jan 17, 2000)

OK look at it this way. If I get a run at the channel or if I put it in shallow water drive and blow a little mud, I can make it through. Or, What if I brought my canoe along and paddled my butt right through. This is a major river system that runs into the great lakes.Also if we get a lot of rain the river goes up and I can just purr right into the backwater.I think I might try to get a hold of our freindly DNR officer and get his opinion.I realy want to get in there not just for more ducks but we wouldn't be fighting the crowds on the ponds. I want a quality hunt. It doesn't have to be productive to be quality.


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## boehr (Jan 31, 2000)

Doesn't matter if it's the Grand River that runs through Grand Rapids the same applies. Go ahead a contact your local officer though, I'd be interested if he tells you something different though.


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## boehr (Jan 31, 2000)

As far as a lake like Houghton Lake and I don't say this to imply that it's ok to trespass but, I don't know of any lakes that are perfectly round, especially your bigger lakes like Houghton Lake. There also are public lands around Houghton Lake.

On a perfect circle, most of use can detirmine where the center is. On irregualar shaped lakes, detirmining where the center is located is almost impossible unless you want to spend a lot of money for a survey. Unless you are hunting directly in front of someone's house on a bigger lake, that person is not likely to know if you are on their riparians bottom lands or not. CO's don't check hunters on lakes to see about permission unless a complaint is being investigated. We don't have the resources to say where the center of the lake is located. Officers use their best judgement on those lakes where the center is and normally will write a report and let a prosecutor make the decision if the party was in fact trespassing unless it is really obvious, and again on a complaint from a riparian owner. Complaints are more common of smaller lakes because people worry about shot hitting their house etc.

There are some lakes that don't meet that definition too. Some (a few only) man-made lakes have definite property lines. For example Twin Lakes in Kalamazoo County falls into that catorgory. The best thing you can do is read Public Rights on Michigan Waters on the DNR site and check with the local DNR Office in the area your going to waterfowl hunt.

Rivers however, are much easier to detirmine riparian rights. Officers receive many more complaints on float hunting on rivers than they do on lakes


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## Dutchman (Jan 17, 2000)

Thanks for all the advice Boehr! I don't like it, But if thats the law, thats the way it is.


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## beer and nuts (Jan 2, 2001)

Boehr,

This particular flooding is not a classified lake-no name, not on maps, etc..

Just a flooding, created by springs, drainage, beavers, does not have an outlet(creek, river), nor an inlet.

So what would be your interpertation of this. Could someone hunt just off the 100 or so feet of state land?, whole flooding?, the private land owners don't have any trespassing signs out in the water telling others where their line runs, so it is actually hard to determine where the property/state line runs, etc...

I would think hunters who come down to the floodings edge via the state land would be able to hunt from shore and or wade out a little to hunt off the state land!?!?


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## boehr (Jan 31, 2000)

It's really difficult to answer that one without being familiar with the area. It would be my guess that there are distrinct property lines but the best advice on that one is to call the local office to make sure. If the place you are talking about is in my District, e-mail me the location and I will tell you.


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