Hunting Rights On Water???
#1
Typical Buck
Thread Starter
Join Date: Apr 2004
Location: Central Michigan
Posts: 982
Hunting Rights On Water???
I always thought that the land under the water was owned by the land owner but the land owner did not own fishing or hunting rights on the water unless you were on shore or standing in the water next to it.
Here’s the deal my neighbor and I were arguing about this, he told me that the land owner owns hunting rights on the water even though the lake is open to the public in the township. I don't believe this to be true as far as I know as long as I am 450 feet from an occupied building and in my boat, I don't see how he could do anything. I could not find a definite answer in the Michigan DNR guidelines.
Has anyone had this problem before? Does anyone know if the land owner owns hunting rights on the water (never setting foot on his property)?
Thanks
Tom
Here’s the deal my neighbor and I were arguing about this, he told me that the land owner owns hunting rights on the water even though the lake is open to the public in the township. I don't believe this to be true as far as I know as long as I am 450 feet from an occupied building and in my boat, I don't see how he could do anything. I could not find a definite answer in the Michigan DNR guidelines.
Has anyone had this problem before? Does anyone know if the land owner owns hunting rights on the water (never setting foot on his property)?
Thanks
Tom
#2
Join Date: Oct 2004
Location: SD
Posts: 127
RE: Hunting Rights On Water???
My knowlege on the law, may be different then you, but if you can access the water through any public means (via a public right a way or public land) and you remain on the water (in a boat) or on an island in the waterbody you have all the hunting rights and the land owner can't do a thing. I have heard variations on this law about the original water level being huntable if you can access it through public means. I am not 100% sure on these laws. Best thing to do is call your Conservation Officer and have him clarify it.
#3
Nontypical Buck
Join Date: Jun 2004
Location: NW Ohio , 5 min from Ottawa National / Magee Marsh
Posts: 2,051
RE: Hunting Rights On Water???
Be real careful.
Here in OHIO 90+ percent of the time you can drift in a boat on the water with out a anchor and hunt .
But if there are washed away dikes or dike remants that at one time defined the water area seperate from the open areas you can and will be ticketed for tresspassing.
In my area there is a hunt club that owens land around and in Mud creek bay area ,in Sandusky bay ,run by BIG MONEY .
Because there are parts of the old dikes (in most areas the water is 2-3' over the top) the water inside the diked in area is all private propety as if the dikes were above the water level and the area was just flooded.
Several freinds got tickets last year for tresspassing while duck hunting . There are signs every so far apart , in the dark they did not see them.
Told that ,they should have checked to make sure where they were.
As I said big money
If you drop anchor on a river , bay,ECT you may be tresspassing but if you drift you probely be ok
Johnch
Here in OHIO 90+ percent of the time you can drift in a boat on the water with out a anchor and hunt .
But if there are washed away dikes or dike remants that at one time defined the water area seperate from the open areas you can and will be ticketed for tresspassing.
In my area there is a hunt club that owens land around and in Mud creek bay area ,in Sandusky bay ,run by BIG MONEY .
Because there are parts of the old dikes (in most areas the water is 2-3' over the top) the water inside the diked in area is all private propety as if the dikes were above the water level and the area was just flooded.
Several freinds got tickets last year for tresspassing while duck hunting . There are signs every so far apart , in the dark they did not see them.
Told that ,they should have checked to make sure where they were.
As I said big money
If you drop anchor on a river , bay,ECT you may be tresspassing but if you drift you probely be ok
Johnch
#4
Typical Buck
Thread Starter
Join Date: Apr 2004
Location: Central Michigan
Posts: 982
RE: Hunting Rights On Water???
I know that the Islands are owned by the property owner and I have hered of people getting tickets while on the island but I am not sure about the anchor.
Thanks for the info so far.
Thanks for the info so far.
#5
Fork Horn
Join Date: Nov 2003
Location: West Michigan
Posts: 305
RE: Hunting Rights On Water???
Your neighbor is correct. In Michigan the land owner has the hunting rights. It's refered to "BottomLand" by law. They own out to the middle of the lake even past the 450 feet rule right in front of their property. If it's a river it's half way across the river. It does not matter if you are in a boat or not. It only applies to hunting. If you are asked to leave you should do so right away and not return. I talked to a Michigan DNR lawyer this past fall on this very subject. It's crap, but it's the law.
#10
Typical Buck
Join Date: Feb 2003
Location: NY: NYC to Watertown
Posts: 897
RE: Hunting Rights On Water???
ORIGINAL: Worc
Your neighbor is correct. In Michigan the land owner has the hunting rights. It's refered to "BottomLand" by law. They own out to the middle of the lake even past the 450 feet rule right in front of their property. If it's a river it's half way across the river. It does not matter if you are in a boat or not. It only applies to hunting. If you are asked to leave you should do so right away and not return. I talked to a Michigan DNR lawyer this past fall on this very subject. It's crap, but it's the law.
Your neighbor is correct. In Michigan the land owner has the hunting rights. It's refered to "BottomLand" by law. They own out to the middle of the lake even past the 450 feet rule right in front of their property. If it's a river it's half way across the river. It does not matter if you are in a boat or not. It only applies to hunting. If you are asked to leave you should do so right away and not return. I talked to a Michigan DNR lawyer this past fall on this very subject. It's crap, but it's the law.
That really bites,
In NY, Hunters are allowed on water even if its within 500' of an occupied building,
there is no landowner ownership of water,