Trespassing while Fishing question

[Fatal_Bert]

Apparently you didn't actually read the case, because that's exactly what happened to Mr. Givens. He received a substantial fine and some jail time I believe for trespassing.

I did read it, it seems the main issue is the damn, he wouldn't be able to cross without trespassing because of the damn. But feel free to link to whatever you got that says you're trespassing on top of the water. Also link to the jail time he received.

Actually the issue of the navigability of the Flint River has been addressed by a federal court.

Link for this too please.

 

[yellowhammer]

In the Georgia Water Quality Act, O.C.G.A. § 12-5-22.(13)

(13) "Waters" or "waters of the state" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and all other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

This refers to water quality. Not trespassing or determining which waters are navigable. Navigable; ie, a river, you can travel through private property.

 

[Trailrider]

Choot em!

 

[MegaFan]

For non-navigable streams, the boundary line for adjacent property owners goes to the center of the main current of the stream. The owner on either side of a non-navigable river would therefore own the riverbed out to that point, and would have not only the right to use the water, and the riverbed, but would have the right to exclude others from passage, fishing, swimming, kayaking, etc.

For navigable waters, the riverbed is considered in general to belong to the public, because the boundary is only to the low-water mark. The rights of the owner of adjacent land extend only to the low-water mark of the riverbed. If walking, standing, fishing, dragging a canoe or kayak, etc., within the low-water boundary, it is public property.

Is it defined as a navigable waterway?

 

[CAMSDADDY]

We went kayaking a good bit last year. Most was on the Kinchafoonee in Lee county. Other times we were on the flint in Macon county. We never had issue with anyone. I can see both sides. We tread lightly. We are my wife and kids. We pack out more than we pack in. We don’t drink and strow trash. We have seen plenty who did.

For the most part I’m following for info

 

[hikingthehills]

I know exactly where this property is. I hunt the WMA a good bit. I bet those trout do swim right down stream there.

 

[Omega]

Technically trespassing according to the DNR. The DNR can write you a ticket for trespassing or fishing without permission if you are simply anchored down on river bed that is owned privately.

However, I do know for a fact the prosecutor in Meriwether County will just throw the charge out.

will get thrown out of habersham too.