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riparian rights, hunting inland lakes with public access does't mean public hunting

Discussion in 'MichiganWaterfowl.com' started by DANIEL MARK ZAPOLSKI, Dec 16, 2009.

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  1. DANIEL MARK ZAPOLSKI

    DANIEL MARK ZAPOLSKI

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    http://www.michigan.gov/documents/Water97e_142928_7.pdf
    ON PAGE 28 AT THE VERY TOP under G and H are the very answers

    G. Right to Take Game - Generally
    The right to take game is a private property right vested solely in the property owner.
    This is unlike the right to fish which arises by the establishment of public water through
    its use, as well as the waters capacity for use in transportation and travel, and from the
    fact that there is no private ownership in the fish or in the right to take fish from public
    waters. Being a private property right, the taking of game is lawful only with the
    permission of the property owner.
    The picture is best summed up by example. The public has a legal right to fish from a
    boat during open season on public waters, but this right would not include the shooting
    of ducks from the same boat without permission of the riparian owner, even though the
    shooting season was open. This violates a property right.

    H. Hunting and Trapping on Submerged Lands - Riparian Rights
    It has been well established in Michigan, that the owner of lands bordering on a
    navigable stream or lake, with the exception of the Great Lakes, owns the submerged
    lands to the thread of the stream, subject only to the easement of navigation which the
    public may have thereon, and that he also owns the ice covering the surface of the water
    over the submerged lands and any interference with these rights constitutes a trespass.
    The right of trapping is a property interest and the riparian owner of lands has the
    exclusive right to trap. In an enforcement action against a trespasser the landowner is
    entitled to the remedies available under Part 731, Recreational Trespass.
    __________________
    DMZNIMROD
     
    Last edited by a moderator: Dec 16, 2009
  2. Coldwater Charters

    Coldwater Charters Mods

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    Location:
    Southern Michigan
    To save confusion, those that have questions on this law can go to the Law forum and ask their questions there.
     

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