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    Re: strange legal opinion in usa
    From: Carl Herzog
    Date: 2006 Sep 22, 12:08 -0500

    Chuck Taylor wrote:
    > It would seem that the issue in that case was the
    > right to hunt and fish between the low- and high-water
    > mark of a river.  The full text of the decision is
    > reproduced at the above link. 

    Yes. This is strictly about hunting and fishing on waters over privately
    owned property below the ordinary high water mark of a freshwater river.
    This did not cover boating in and of itself. It did not cover tidal
    waters. It did not cover anything else.

    Unfortunately, some of the marine industry press releases and
    subsequent internet noise regarding this case have been outrageously
    inflammatory and just plain ludicrous. I saw one press release that said
    this outlawed recreational boating on every navigable waterway in the
    country. Good grief! I'm really astonished at the irresponsibility of
    the some of the marine industry PR on this one.

    Though it has no bearing on the legal basis for the decision, it should
    also be noted that this case was particular extraordinary due to its
    geography. In this case, when the Mississippi flooded, it filled an
    otherwise dry ditch that then connected to a small, shallow lake. This
    only happens a few times a year and the rest of the year, the lake and
    the river are not connected. The fishermen were taking advantage of the
    flooding to access a otherwise enclosed lake on private property. The
    elevation of the lake happened to be within the ordinary high water mark
    of the river.


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