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Thread: Fishing near private property...

  1. #1
    Member mossyhorn's Avatar
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    Default Fishing near private property...

    There's a stream that I really wanted to fish and last time I was down there and took a look there were no postings. Today I went to fish it the first time and it was posted. It's a small creek that flows to the road and through a culvert. The sign is about twenty feet from the road next to the creek.

    What are the rules here, it's not a navigable water way. But what's the easement typically between the road bed and the private property line? I don't need much, the fish are right there at the road. Can you stand in the stream and be safe? What state agency would be best to contact about this?

    I've talked with someone who's fished it in the past and from what it sounds like, the owner tries to run everyone out of there and thinks that the fish belong to him. I'm not so sure it's even private property. It just sounds like a guy trying to keep people out of there from fishing. Normally I wouldn't bother but there are some super hog rainbows in there.

  2. #2
    Member kenaibow fan's Avatar
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    becareful, "that guy" likes to flash hand guns too. Don't know for sure what the rules are but I just stand in the water, or on the bank below the high water mark. Of course then again I am not quite sure if we are talking about the same place either.

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    Member Albradley's Avatar
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    I would say have the cops on speed dial and when he comes out with a handgun let him know the cops are on the way.It is illegal to threaten bodily harm with a weapon unless you feel your life is in danger but even that is dicey.Plus no creek,river,stream or anything like that can belong to any one person.It is an alaska waterway so it is state property/public.I think you are safe to fish it just go to the culvert and wade your way back to "your" Spot and stay off the land...(It helps I have Troopers in the family).
    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 Bsj425's Avatar
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    Sounds like a question for the ask a trooper forum... But you really have to ask yourself is a few bows really worth it of you already know the guy to be confrontational and hostile having the troopers on speed dial isn't going to help if the guy gets a hair up his butt and takes it to the next level out of nowhere.

  5. #5

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    I think you should be able to check with DNR to find out what the property (and right-of-way) boundaries are. There should be some amount of right-of-way paralleling the roadway that you could fish within, but there is not consistant width from one place to another, so you will need to check for that specific location. Some places you may have 50', other places you might not have any from the bottom of the slope (end of the culvert).

    Personally, although a person doesn't own the stream, I wouldn't knowingly walk up it, especially if they have posted their area and our outspoken about not wanting people around. In my mind, it is similar to standing at their property line and reaching your arm over and saying "nah-nah, you can't do anything since I am not touching your property". Just not cool, whether it is technically legal or not.

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    Member mossyhorn's Avatar
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    I spoke with kenaibow fan and it's not the same place he was thinking of, no one with a gun, that I know of. More than anything I want to know what the real deal is with this spot and if it is infact actually private property or if this guy is falsely claiming it is. I do want to respect someone's property but I also would like to access to the area if it is infact public.

  7. #7

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    Right of ways are not necessarily for public use. I OWN to the middle of the HOPE Road, I gave the State of Alaska a right of way for a Road. The right of way is 50 feet from the center of the road. That does not give you the right to hunt, fish or camp in the right of way. It is a specific right of way for the road.

    Another example, I gave the Chugach Electric Company a Right of way for a Power line. You can not walk, snow machine, ATV, or potty on the right of way. In fact Chugach Electric Company is not even allowed to come up my driveway to the power line right of way with out my permission, which they just learned after doing $2,800.00 damage. The power line right of ways are not to be used buy anyone accept Chugach Electric Employees and then "ONLY" when on official business.
    Everyone who leaves the Hope Road in a Car, Truck, ATV and drives to there bait station is illegal operating a motor vehicle with-in the Chugach National Forest. All of the bear baiter's or hunters, or even hikers who use the Chugach electric service access roads are doing so illegal.

    Further more if Chugach Electric Co. wanted to run anything in the right of way other than electric line, like internet cable they would need to buy another right of way for that application.

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    Member Albradley's Avatar
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    we are not talking about roads or forest or your right of way.The op asked a question and supposedly by alaskan law no one but the state owns the rivers and streams.Plus the ask a trooper forum is mostly unreliable at best seeing as how the trooper or troopers really dont have the time to answer questions much.I say call your local fish and game or state building.
    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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    If someone posts no trespassing you can pretty sure bet someone ones it. Its easy to find out. What ever borough it's in just look it up. It's public info. No one owns the water but the land right up to it can be someones. Just look it up.

  10. #10

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    Quote Originally Posted by Albradley View Post
    we are not talking about roads or forest or your right of way.The op asked a question and supposedly by alaskan law no one but the state owns the rivers and streams.





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    That is NOT True.......(Sounds good & Feels Good) but ain't the truth. Navagatable water ways yes, Can you get a boat up this stream (I don't know, I ain't seen the stream in question). However I have two streams and two waterfalls on my property, and I own Both sides of the UN-navigable streams, and if you walk up or down the creek you are trespassing on private property.

  11. #11
    Member kenaibow fan's Avatar
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    No it isn't the same place I was thinking of, and the guy doesn't point guns or even touch them.....he just likes to have his .357 or his .44 out for all to see and intimidate people with. the fact of the matter is the size of the creek or stream in question. If it is like the ones AGL is talking about no I don't think walking up the stream is safe. Man this stuff gets too technical..................just look it up from the burrough. They should have to property lines.....lots....what have you like Drifter said.

  12. #12
    Member mossyhorn's Avatar
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    Like I said in my original post, it is not a navigable water way so you're right, the only legal place to be is in the water or if the property line is a distance away from the road. Heck, that's if he even owns any of that land to begin with. People post public land as private all the time to keep people out.

    When you guys say look it up, is that available online?

  13. #13

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    Quote Originally Posted by mossyhorn View Post
    Like I said in my original post, it is not a navigable water way so you're right, the only legal place to be is in the water or if the property line is a distance away from the road. Heck, that's if he even owns any of that land to begin with. People post public land as private all the time to keep people out.

    When you guys say look it up, is that available online?
    Most areas have the information online. Here is a link to the mat-su borough property maps. http://maps.matsugov.us/parcels/viewer.htm

    If you are looking for another area, just google it ("mat su property" was my search terms for the mat sure listings).

  14. #14
    Member greythorn3's Avatar
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    ya lots of anchorage people pretend they own more land then is theres too.
    Semper Fi!

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    Member aufevermike's Avatar
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    Why not politely go up and introduce yourself to the one that posted the the sign and ask him if it would be ok to fish the spot you would like to fish once and a while. Explain to him/her that you will walk up the stream and not on the prperty unless you have to?

  16. #16
    Member mossyhorn's Avatar
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    I thought about that last night once I got home and I should have tried to see if I could located the guy and ask permission.

    However, after looking at the land ownership maps on line, it looks as if he only owns one side of the creek and that he is posting the other side as private as well. The other side looks to be state land. Im about 99% sure but I need to contact the borough and ask them.

    It's tough to tell cause the creek doesn't show up on the map but using coordinates and google earth it appears it's only one side of the creek. The property line appears to follow the contour of the stream and is the property line.

    Thanks for the help in leading me to the land ownership maps, I didn't know you could do that on line!

  17. #17

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    Quote Originally Posted by mossyhorn View Post
    It's tough to tell cause the creek doesn't show up on the map but using coordinates and google earth it appears it's only one side of the creek. The property line appears to follow the contour of the stream and is the property line.
    This practice is rarely embraced now days as creeks change course, and that effect the boundary. However homesteads and home sites were staked and platted that way along meander lines.

  18. #18
    Member mossyhorn's Avatar
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    Looking further, I found a way to use an satellite imagery overlay on the GIS website and looks like there are even portions on the his side of the creek that is state land. Looks like there is about 50ft between the road and his property line as well. I'll still contact the proper folks to see if this is infact true but based on their maps, they'd have to be off by a long way.

  19. #19

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    Please don't take this wrongly, but just think what he life is like. From his view thousands and thousands of humans are trying to figure out a way to be as close to him as possible.

    Here in Sunrise, Alaska everyone has to put up ropes and barricades to keep bear hunters from driving 1/4 mile back there private driveway only to say, "Sorry, I thought this was a old abandoned logging road".

    This problem will only get worse, as more and more humans move to Alaska.

  20. #20
    Member mossyhorn's Avatar
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    No I understand that people want there space and I would too. But, when you go as far as to post land as being private when it's not yours to post, then that's not right either.

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