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Discussion Starter #1
Last year, I went ice fishing on a little lake that was kinda sorta in a subdivision. After a few hours a nosy guy came out and asked who I was with in the subdivision. Luckily, I had gotten permission from a house owner there that vacationed in Florida for the winter. Unfortunately, word came back to me this year that I wasn't allowed on the lake b/c the subdivision (or this nosy guy) didn't want to be liable if i fell in.

THis lake appears to border a public road though. Does anyone know how or if I can get out on this lake again without permission from this subdivision-or if i need it?...or does anyone know the law about lake access via a public road?
 

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I live on a private lake, and our rule is if you have written permission from a resident then it's legal. However, in this case you may just be better off goin somewhere where you won't get in trouble. Sometimes it's not worth the hassle that folks will give ya.
 

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Can you access the ice from the road rightaway with out touching any land?

If you can I think that you can fish the lake. Just remember that measuring 33 foot from the center of the road might not be right as alot of roads are not in the actual center of the rightaway.

We have that situation here. the owner of the rest of the lake tried to get the road commission to move the road over so the public couldn't access the lake. The water level is down some now and it is pushing it to access the lake from the road.
 

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The 33 ft from the center of the road does not necessarliy give you the right to gain access to the lake.
 

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Check with the local police, they may know for sure. With so many lakes with public access, you may want to try one of the thousands available.
 

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Problem with local police is they don't really know the rules 100% for stuff that really isn't in their job description. Not trying to step on the toes of the LEO's whom read this site, but some of my friends are LEO's and in their words they wouldn't care either way about it. As long as it didn't pertain for criminal code violations, they may tell you the wrong info and when a CO comes out to issue you a ticket the police officer isn't going to be there to back you up.

Best bet is the advice from the link provided above
contact the local District Office and talk to the District Law Supervisor for that area.
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Also my take on the issue about lake and river access. At some point from 1950 to now certain wealthy groups got together and bent the rules a bit for certain areas. And while the statewide rules read "public water = public access" they made ammendments to exclude waterways in their districts. So even though a road or public bridge with a small parking lot resides 5ft from the waters edge it is illegal to fish it, or even be there. And if certain groups had it their way it would be illegal to look out your window at it as you are driving by in your car.

thats it in a nutshell, the down and dirty truth of public access.

discuss
 

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Discussion Starter #8
those responses hurt----such good fishing in this lake too...hopefully i can finagle my way back on
 

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So what did the district off say? did you even call them? Don't assume it's closed to you until you hear it from the horses mouth.
 

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While this DOES NOT CONSTITUTE LEGAL ADVICE, I would recommend getting a statement in writing from the district office. This will alleviate the hassle of dealing with any LOE's that may challenge your right to be on the water, should you even possess such a right.

On the other hand, however, I would echo the advice of others who say it's just easier to find another lake. The hassle you may experience, including potential claims by the owner for trespassing are just not worth it. Again, nothing included in this post is legal advice. (I'm a law student, so I have to include this kind of stuff if I hope to practice law next year.):bash:
 

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TheMAIT said:
those responses hurt----such good fishing in this lake too...hopefully i can finagle my way back on
More than likely the "good fishing" is the result of the owners of this private lake paying to have it stocked! If there's no public access (DNR boat/beach) I'd consider it a "private" lake for the use of those living on it and they're invited guests......... ;)
 
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