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#977234 - 10/19/08 11:44 AM Re: who will stand up for navigable/riparian rights? [Re: 4onaside]
Taylor Administrator
10 Point

Registered: 09/10/07
Posts: 3061
Loc: Brownsville, Tennessee

A lot of issues center on oxbow lakes (old river runs, still accessible by what's now the main channel), surrounded by private land. And I am not talking about little oxbows, either.

I can see arguments on both sides, again, I just posted the letter to let folks know what's going on.

Such arguments will only become more common, be it trout streams in the West or the Mighty Mississippi.

#987632 - 10/24/08 10:34 AM Re: who will stand up for navigable/riparian rights? [Re: Taylor]
8 Point

Registered: 03/24/08
Posts: 1484
Loc: Hendersonville TN

The law of riparian rights is an absolute mess. Most of the relevant court precedents were issued in the 1800s or early 1900s, and they are unclear and sometimes inconsistent.

I would like to see the State of Tennessee look into negotiating some sort of easements with landowners to allow fishing access, at least to more popular spots, such as the TWRA stocked trout streams, some of the larger smallmouth creeks, and some of the oxbows in West Tennessee.

Kansas has a "Walk-in Hunting Area" program that could be used as a model. The State gets farmers to agree to allow public hunting access, in exchange for benefits like property tax breaks. The farmers like it because they get a break on their taxes, and the State gets that revenue back because the large amounts of public hunting land attract people who spend money when they hunt - thus providing economic stimulus in rural areas.

Once the easements are in place, you bypass all the debate about how the obscure riparian laws should apply.


Edited by Brian Dunigan (10/24/08 10:35 AM)

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