Yellow Breeches

So theoretically, if one entered the stream from public access, but waded to an area that was posted as private property (and presumably streambed?), but did not leave the water, and the landowner calls the cops...what would happen? I saw some interesting signs around Zion rd.

Does YBAC, or anyone, maintain a robust map showing which areas are safe and or "private?"
 
You'd probably get a ticket for trespassing. As it hasn't been deemed navigable by a court, the landowner has the rights. It could be the first step toward a court ruling it navigable if you think you have a strong enough case.
 
ROVERT said:
You'd probably get a ticket for trespassing. As it hasn't been deemed navigable by a court, the landowner has the rights.
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Since no court has ruled on it, the navigability status is unknown. So, whether the landowner has the rights or the public has the rights is unknown.

Some people assume that the rights belong to the landowners by default, unless proven otherwise. But that's not in the law.
 
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rustbeltwilds said:
Why push it !!!! Use common sense i see these you tubers posting these situations they knowingly know will cause a confrontation with landowner...how bout you get off your arse and walk alittle or better yet if your unsure just dont !!
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Well, “pushing it” is precisely how anglers and other river users scored wins regarding navigability on a number of other favorite trout rivers in the mid Atlantic. I’d agree though that considering all the stockers and obvious posting this particular juice doesn’t seem worth the squeeze.

Ultimately it would be nice if the state agency that steals 40$ from me annually to introduce AIS bycatch to the rivers I fish and whose agents frequently interrupt my day on the water to conduct a borderline unconstitutional “safety check” would actually perform the job it was intended to do.
 
rustbeltwilds said:
Why push it !!!! Use common sense i see these you tubers posting these situations they knowingly know will cause a confrontation with landowner...how bout you get off your arse and walk alittle or better yet if your unsure just dont !!
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Relax. The signs were not visible from the direction I was wading, nor posted until several hundred yards of wading.
 
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