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St Cloud Township MN road dispute - Page 3 - Walleye Message Central
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  #21  
Old 10-25-2021, 08:54 PM
Yellowfin123 Yellowfin123 is offline
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Originally Posted by combine_billy View Post
I own a 160 that a creek runs completely around 3 sides of it via a semi-circle. The survey is crazy long as they zig zag a few feet at a time thru the creek.
yea i understand the creek being private property, i share one for just a little ways
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  #22  
Old 10-26-2021, 12:49 PM
ToThe Woods ToThe Woods is offline
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Originally Posted by combine_billy View Post
And if you own land on a creek, the landowner owns to the middle of the creek. The creek is not public property.
Does that make a creek that runs through private property completely private Here we need to keep a foot wet to be legal.
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  #23  
Old 10-26-2021, 01:16 PM
combine_billy combine_billy is offline
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Originally Posted by ToThe Woods View Post
Does that make a creek that runs through private property completely private Here we need to keep a foot wet to be legal.
From what I have been told that is true, of course I was not told that by a legal scholar just my father in law. I do know that I pay property taxes all the way to the middle of the creek.
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  #24  
Old 10-26-2021, 06:12 PM
mk cant log in
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Does that make a creek that runs through private property completely private Here we need to keep a foot wet to be legal.

That varies from state to state. In this state (IN) if a creek runs thru your property, you own the entire thing, private property, unless the deed specifies the center of the creek as the property line. You can fence it off and keep the public out. The only exception is a creek that is navigable, big enough to take a boat down. You still own it but cannot keep others off of it, sort of like owning land under the road in front of your house.

Same with ponds and lakes. Some states have in their constitution that all waters of the state are for public use. In this state if you own or build a pond/lake, you own it entirely. There is no inherent public use required and you are not obligated to allow the public access to it. After all, if you build a pond completely within the boundaries of your property, why should the public be allowed to use it? Some states don't see it that way.
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  #25  
Old 10-26-2021, 09:38 PM
Thatguy Thatguy is online now
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Originally Posted by ToThe Woods View Post
Does that make a creek that runs through private property completely private Here we need to keep a foot wet to be legal.
Here only 3 rivers in the state are public. The Kansas, Arkansas, and Missouri. The Neosho is a mile from my house, but it is private.

When the survey was done on my place the surveyor said I was a little weird as the entire road is on me. Its a dead end road that I would like to close as nothing good comes from it but one neighbor will fight tooth and nail. **** thr culvert is collapsed and the ruts going down their so deep its impassable. Had a stolen truck dumped down there earlier this summer, and the poachers wear it our during spring turkey and rifle deer season...

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  #26  
Old 10-27-2021, 07:28 AM
Swarwick Swarwick is offline
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Originally Posted by mk cant log in View Post
That varies from state to state. In this state (IN) if a creek runs thru your property, you own the entire thing, private property, unless the deed specifies the center of the creek as the property line. You can fence it off and keep the public out. The only exception is a creek that is navigable, big enough to take a boat down. You still own it but cannot keep others off of it, sort of like owning land under the road in front of your house.

Same with ponds and lakes. Some states have in their constitution that all waters of the state are for public use. In this state if you own or build a pond/lake, you own it entirely. There is no inherent public use required and you are not obligated to allow the public access to it. After all, if you build a pond completely within the boundaries of your property, why should the public be allowed to use it? Some states don't see it that way.

In a lot of states it depends on how it is stocked. If the DNR stocks it, typically it needs to be open to the public since public funds were used for the stocking. If you stock it using your own funds then you pond can remain private.


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  #27  
Old 10-27-2021, 09:12 AM
mk cant log in
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In a lot of states it depends on how it is stocked. If the DNR stocks it, typically it needs to be open to the public since public funds were used for the stocking. If you stock it using your own funds then you pond can remain private.


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The IN DNR doesn't stock any private ponds anymore. Years ago when they had $$ they would come onto your land (if you wanted) and they would build small wildlife ponds, most were 50' to 100' across. They'd build them in areas without a good water supply. They'd stock them after completion but even then they wouldn't require public access. They built 4 of them on our hunt club back in the 60's and 70's.

These days they don't have the $$ to keep up a decent level of staffing, much less build or stock ponds.

If you build and stock a pond on your property there's no fishing license required and you can catch and keep anything you want, anytime. As a matter of fact, private farm ponds and old private strip pits left after open coal mining have some of the best fishing around here. Public lakes have too much fishing pressure.
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  #28  
Old 10-27-2021, 12:28 PM
ToThe Woods ToThe Woods is offline
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Originally Posted by mk cant log in View Post
That varies from state to state. In this state (IN) if a creek runs thru your property, you own the entire thing, private property, unless the deed specifies the center of the creek as the property line. You can fence it off and keep the public out. The only exception is a creek that is navigable, big enough to take a boat down. You still own it but cannot keep others off of it, sort of like owning land under the road in front of your house.

Same with ponds and lakes. Some states have in their constitution that all waters of the state are for public use. In this state if you own or build a pond/lake, you own it entirely. There is no inherent public use required and you are not obligated to allow the public access to it. After all, if you build a pond completely within the boundaries of your property, why should the public be allowed to use it? Some states don't see it that way.
Here the river, stream or creek has to be navigable as well but only needs to be navigable for a day. So any waterway that is navigable during spring floods is open as long a you keep your feet wet. We used to be able to walk to the high water mark but they did away with that for some stupid reason.
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  #29  
Old 10-27-2021, 04:31 PM
Yellowfin123 Yellowfin123 is offline
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Originally Posted by mk cant log in View Post
The IN DNR doesn't stock any private ponds anymore. Years ago when they had $$ they would come onto your land (if you wanted) and they would build small wildlife ponds, most were 50' to 100' across. They'd build them in areas without a good water supply. They'd stock them after completion but even then they wouldn't require public access. They built 4 of them on our hunt club back in the 60's and 70's.

These days they don't have the $$ to keep up a decent level of staffing, much less build or stock ponds.

If you build and stock a pond on your property there's no fishing license required and you can catch and keep anything you want, anytime. As a matter of fact, private farm ponds and old private strip pits left after open coal mining have some of the best fishing around here. Public lakes have too much fishing pressure.
alot of the water projects around the midwest are erosion related, we've got plenty of water but the government wants the people of the central and upper midwest to build lakes and terrace their ground, objective? try to stop the worlds greatest topsoil from washing into the gulf of mexico, everythings under the plow nowdays, conservation guy told me i had enough drainage for a 10-20 acre lake and they pay 70% of the bulldozer, BUT that means if somebody could drop in by helicopter, they could fish it if i remember right
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  #30  
Old 10-28-2021, 08:37 AM
combine_billy combine_billy is offline
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Originally Posted by Yellowfin123 View Post
alot of the water projects around the midwest are erosion related, we've got plenty of water but the government wants the people of the central and upper midwest to build lakes and terrace their ground, objective? try to stop the worlds greatest topsoil from washing into the gulf of mexico, everythings under the plow nowdays, conservation guy told me i had enough drainage for a 10-20 acre lake and they pay 70% of the bulldozer, BUT that means if somebody could drop in by helicopter, they could fish it if i remember right
In Missouri, all of the conservation money for the past 20 years has gone into building terraces and waterways. If you want a pond you have to pay for it yourself. To say that every thing is under the 'plow' now is not really true, everything may be in crop ground but nobody uses a plow anymore. I farm some very steep ground (18% slope), but with terraces, waterways, and no till there is very little of that dirt ending up in the gulf.
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