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Thread: Stingy Lake Access!

  1. #1
    Member germe1967's Avatar
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    Angry Stingy Lake Access!

    It seems those who have lakefront property at Cornelius Lake and a number of other Wasilla area lakes are taking steps to ensure that there is as little (or not at all) public access as possible. With guard rails installed so that you cannot pull over and fish. Truly a shame. My son caught his first fish ever there. I live within walking distance of a lake in Wasilla, but the SALVATION ARMY of all groups, has closed off the only public access to that lake. Guess the lesson here is that if Alaskans want to fish Alaskan lakes, they better buy lake front property! The "good old days" of neighborly treatment of other sportsmen are long gone!

  2. #2
    Member Albradley's Avatar
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    Wow I thought the salvation army was just a donation taker...Since when did they have any power whatsoever??
    There's a fine line between fishing....

    and standing on the shore like an idiot! ALLEN BRADLEY-TANGLE LAKES ADVOCATE/FANBOY

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    Member power drifter's Avatar
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    What Lake in Wasilla is this? Are you sure it's not the Army Corps? Here is a link to good info about the lakes around here. lets you know which ones are wild and the ones stocked. Also how to find the public access on that lake. I do agree there should be more public access but this is America where with money you can buy and own every thing. This shows there really is no public access for Cornelius lake.
    http://www.adfg.alaska.gov/index.cfm...tail&LakeID=13

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    It looks like you'll have to stick to stocked lakes. There's ALWAYS a public access point on those.

  5. #5

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    Easier to get forgiveness than it is to get permission...

  6. #6

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    And the noose tightens.....
    "96% of all Internet Quotes are suspect and the remaining 4% are fiction."
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  7. #7

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    If the fishings that good...

  8. #8

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    Yep, it's an ongoing problem. People who "over pay" for their lake house then believe they own that body of water. Sad
    "If your not the lead dog.... the view never changes"

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    I'm no attorney. This is not an attempt to practice law.

    If you feel that laws are being broken, I suggest that you involve a suitable attorney, and the courts.

    The scenario outlined in the original post came up in Michigan not so long ago, and the courts found that restricting access to bodies of water, and beaches (up to the high-water line) was illegal. The case specifically looked at whether people who owned property directly adjacent to the water, had a right to keep people off of 'their' beach. The courts found that, based on supreme court decisions, the owners of the property owned the land up to the high-water line, and no further. The building of fences, or posting of no trespassing signs beyond this high-water line was deemed illegal, if same was either IN the water, or closer to the water than the high-water mark. (Basically, you can't build a barricade in the water, you can't post signs in the water warning off would-be 'trespassers', for the fact that the STATE owns the body of water, up to the high-water mark.)

    From a brief examination of the laws governing Alaska, it would appear that the following would apply to the situation:

    (Title II, Chapter 62, Section 180)
    When not limited by general law, the non-exclusive use of unoccupied and unappropriated state owned tide and submerged lands shall not be denied any citizen of the United States or resident of Alaska.

    The phrase 'state owned tide and submerged lands' refers to the above-mentioned lands between the high-water mark and the physical body of water (rivers inclusive).

    'unoccupied and unappropriated' refers to lands leased (by the state) to a private party or organization.

  10. #10
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    If you have questions about legal access, or want to report blocked access, you should contact ADF&G, see "Report a Access Problem".
    http://www.adfg.alaska.gov/index.cfm?adfg=access.main

  11. #11
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    Quote Originally Posted by Project Appleseed View Post
    I'm no attorney. This is not an attempt to practice law.

    If you feel that laws are being broken, I suggest that you involve a suitable attorney, and the courts.

    The scenario outlined in the original post came up in Michigan not so long ago, and the courts found that restricting access to bodies of water, and beaches (up to the high-water line) was illegal. The case specifically looked at whether people who owned property directly adjacent to the water, had a right to keep people off of 'their' beach. The courts found that, based on supreme court decisions, the owners of the property owned the land up to the high-water line, and no further. The building of fences, or posting of no trespassing signs beyond this high-water line was deemed illegal, if same was either IN the water, or closer to the water than the high-water mark. (Basically, you can't build a barricade in the water, you can't post signs in the water warning off would-be 'trespassers', for the fact that the STATE owns the body of water, up to the high-water mark.)

    From a brief examination of the laws governing Alaska, it would appear that the following would apply to the situation:

    (Title II, Chapter 62, Section 180)
    When not limited by general law, the non-exclusive use of unoccupied and unappropriated state owned tide and submerged lands shall not be denied any citizen of the United States or resident of Alaska.

    The phrase 'state owned tide and submerged lands' refers to the above-mentioned lands between the high-water mark and the physical body of water (rivers inclusive).

    'unoccupied and unappropriated' refers to lands leased (by the state) to a private party or organization.
    But if you own all the land around the beach and submerged lands, then it doesn't really matter, does it? On a river, it's a different story. On a lake, it is the end of the story.

  12. #12
    Member germe1967's Avatar
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    Just an update. I found out that there are some pretty nice homeowners who will allow my kids and I to use thier dock to fish from on the lake I was talking about. To Albradley, the Salvation Army usually has no power but they own a "summer camp" that engulfs one lake and the land up to the other. I don't have a problem with limiting access to a camp property that is designated for youth summer camps,(that just protects the kids) but care needs to be taken to ensure that public access to other lakes are not restricted. Also, if an organization closes access to a "summer camp" and then does not conduct camps for the kids on it at any time for years on end,....well then the people donating to that organization should be made aware of it.

  13. #13

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    Quote Originally Posted by germe1967 View Post
    Just an update. I found out that there are some pretty nice homeowners who will allow my kids and I to use thier dock to fish from on the lake I was talking about. To Albradley, the Salvation Army usually has no power but they own a "summer camp" that engulfs one lake and the land up to the other. I don't have a problem with limiting access to a camp property that is designated for youth summer camps,(that just protects the kids) but care needs to be taken to ensure that public access to other lakes are not restricted. Also, if an organization closes access to a "summer camp" and then does not conduct camps for the kids on it at any time for years on end,....well then the people donating to that organization should be made aware of it.
    Not all Camp's are just for kids...lots of camps around that cater to adults for "sabatacles" and well...just doing adult type stuff without being in public view!!! There are a few like that...publically funded and also funded by donors.
    Public access is shrinking quickly, to every body of water.
    "96% of all Internet Quotes are suspect and the remaining 4% are fiction."
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  14. #14
    Member wesak81's Avatar
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    i fished this lake the other day in my jon boat from the pull off on the main rd, fished it for the first time didnt catch anything and didnt see much on the fish finder. bunch of reds spawning where the gravel was close to the shore. any decent size fish in this lake? it does have a depth close to 60 feet deep.

  15. #15

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    If it is the same Lake as on F&G site then there's no way anyone can ever block access since it's road ROW. Sounds like there's no parking anymore? I am glad F&G only stocks lakes that have designated public access points.

  16. #16
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    The lake that the Salvation Army camp is on is Kings Lake and there are two public access to this lake. It is not as easy as using the camps access but this is private and public access is not being denied. I live in the immediate area and have a little knowledge here. I have heard that the two other land owners on this lake would like to stop the access at their end of the lake but have no personal experience. You will see a staggered chain link opening on Seldon just after/East of Seward Meridian rd and this is one of the access points. Not S.A. fault if parking is not provided by the state. There are many lakes available in the valley so no one should be without fishing, just look around or visit the ADF&G site for stocked lakes, very informative.

    George

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