[Tweeters] Reecer Creek Warning
elevel at comcast.net
Fri Jun 29 16:49:03 PDT 2007
Re Roger Leed;
Remember the open range? Therefore, vacant private forest or
range land is generally available for public use unless posted otherwise.
If you see a sign along a road in central or eastern Washington that says "Open Range," don't assume
that you have a right to enter abutting lands. Don't assume that private lands are "generally available
for public use"; they are not. One using them without permission is still a trespasser, regardless of
absence of criminal trespass. Trespasser status is important; if you fall in a hole on trespassed land, for example.
Re Rachel Lawson:
If a fisherman (or birder) is wading or floating in the actual stream, the landowner
cannot prevent him/her from passing through the private property.
I have trouble with this. The State may own navigable waters, but in many shoreline situations it does not own the bed of the body y of water. Not all navigable waters are owned by the state; don't figure that you have a right to wade or otherwise utilize waters of a private lake even though it may be navigable. . Obviously one walking on a private tide lands at low tide is trespassing; I don't see how walking (wading) on the same land at high tide ceases to be a trespass. Not all streams are navigable, even though the state or other public entity may own the water flowing in it..
1. Don't assume that the law is simple in any situation.
2. Don't enter the private lands of another without permission.
Ed Level. Olympia, WA
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