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Chitown-Angler

Joined: 11:59am - Apr 27,06
Posts: 781
Location: Mundelein

Post Posted: 01:05pm - Oct 27,10 
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Just thought I would post this, as it was certainly a surprise to me. :shock

A hunting partner of mine, who I have allowed to hunt on family land for years, invited me to put my duck boat on a local lake his Uncle and cousin have lived on for 30 years. They have a blind along the shore line they have hunted forever, and had another fellow hunting in the bind with them, that has a boat blind, down a ways from them. They told us to head down by his boat blind and tuck in against the cattails and set up there. :thanks

In total darkness, we slowly and safely motored down where we thought we should be, and set up just outside the weeds, along train tracks, way away from any houses, and as the sun came up, we had lots of ducks and geese working us. Until a nice group of ducks suddenly flared off, and had us confused for a moment? :?

Then I noticed a canoe coming our way, and expected it was a visit from the DNR, but that was not the case. We were told we were trespassing, that this fellow owned the bottom of the lake, out 150 yds, and 150 yds or so long. A piece of land with no land access, with train tracks and a power line easement land locking it?

My buddy's uncle came down the lake and was quite shocked by the whole situation as well. Didn't know that anchoring somewhere offshore, where there is nothing around, to shoot a few birds, on a lake with public access, was going to get me accused of trespassing, and sure didn't have the intent to do so, or offend anyone either? :oops:

We just moved down the shoreline some, closer to where the other fellow’s boat blind was parked, where we actually intended to set up anyways.

The part that bothered me the most, is that this fellow couldn't really tell us where his property was accurately, nor is he required to post it? And, he threatened to have us arrested; like he is going to do to some other guy he has asked to leave three times already? This caused me to conclude this guy just likes to have confrontations with others, or he would post his property? He sure seemed like he was having a great time being a hard butt and making all kinds of belittling comments. Even though we offered to move right away, without conflict.

Just thought I might post this to see if anyone else has had any similar experiences? And, to let you know to be aware that in Illinois, Lake Bottom can be bought and sold, and you really need to dig into where you intend to anchor to waterfowl. :doh
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Chitown-Angler

Joined: 08:13pm - Aug 7,06
Posts: 250
Location: Plainfield, IL

Post Posted: 03:26pm - Oct 27,10 
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Wellll sounds like you were a victim of an A-hole who doesnt know state law.... regardless if her owns the property under the water or not, the surface water is public. If you have public asccess to the water you can set you boat whereever you like and hunt freely. I have had altercations like this in IL and IN and in all the cases the verdict was the same. Let's just say i stand my ground and tell the guy to go ahead and call the cops. If the A-hole who is pestering you decides to not leave i tell them that i am calling the cops on him for harassment charges and that usually gets the job done.

Moral of the story is to call your local DRN officer and have him/her clearly explain the rules to your situation. Be sure to get their name and contact info incase this guy gives you a hard time again you can call the officer direct.

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Chitown-Angler

Joined: 08:26am - Jul 1,06
Posts: 400

Post Posted: 03:29pm - Oct 27,10 
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Go visit the county and look for plat survey of that area. Unless this is a privatly owned lake I doubt the guy is correct. If it is a private lake he may very well own part of the lake.
A lot of people and land owners assume or are inproperly informed as to what they acctually own. This couldn't be more true than on rivers. Rivers are federal water ways and open to public access up to "THE NORMALL HIGH WATER MARK". People will tell you to get off their land when you are standing in the river bed which is public land, period, even if there is not water there at that time. The law reads it is public domain "UP TO THE NORMAL HIGH WATER MARK"
When you inform them they are not going to listen and inevidablly will threaten you with arrest. I keep a copy of the law in my vest for just such an occasion. Visit http://www.nationalrivers.org/us-law-menu.htm look around

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Chitown-Angler

Joined: 08:26am - Jul 1,06
Posts: 400

Post Posted: 03:31pm - Oct 27,10 
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Just another note, most cops don't know the law and will side with the land owner and try and intimidate you as well.

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Chitown-Angler

Joined: 08:54pm - May 15,06
Posts: 270
Location: Antioch, IL

Post Posted: 04:09pm - Oct 27,10 
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Lake bottom can be owned. Plats of survey go into the water. Your correct Buckmark that the water is public but, if the person truly owns the land/ lake bottom per Plat of survey and you anchor and set decoys (which your going to do if duck hunting) your trespassing. You can hunt all day just don't anchor, tie off, set out decoys. Skulling would be acceptable :lol:

Shannon

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Chitown-Angler
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Joined: 07:55am - Feb 3,07
Posts: 259
Location: Will County

Post Posted: 05:39pm - Oct 27,10 
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Sounds like hunter interference and the land owner is subject to penalties. Next time move along and call the DNR, they'll be glad to help you sort out the legalities.

Tom

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Chitown-Angler

Joined: 09:54am - Oct 20,04
Posts: 531

Post Posted: 06:46pm - Oct 27,10 
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Legally, you are talking about riperian rights. Here is a short primer
http://cmetro.ctic.com/TitleIssues/v7n4.pdf

For the most part, the law considers the right to hunt or trap as being restricted to the land owner. However, Illinois law is very confused on the issue of riperian rights. It really would take a lawyer to sort it all out.

It is also possible that the riperian rights were separated at some time in the past from the title for the land.

I owned some property in Michigan. According to the title, I did not have mineral rights to the property. They belonged to a corporation. Under that law, the corporation had the right to strip mine my property as long as they did not touch any buildings and maintained an access path to the buildings. Geez...

Pete

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Chitown-Angler

Joined: 08:54pm - May 15,06
Posts: 270
Location: Antioch, IL

Post Posted: 07:05pm - Oct 27,10 
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I know there's an island on Fox Lake or Pistakee that, when you look at the Plat some owns this little tuft of land and the bottom around it. Apparently he wins every year over duck hunters tying up or anchoring anywher around it. Technically, he own a few acres of lake bottom. Again, another great candidate for skulling.

Salt

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Chitown-Angler

Joined: 05:57pm - May 11,04
Posts: 211

Post Posted: 09:07pm - Oct 27,10 
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deadeye2 wrote:
A lot of people and land owners assume or are inproperly informed as to what they acctually own. This couldn't be more true than on rivers. Rivers are federal water ways and open to public access up to "THE NORMALL HIGH WATER MARK". People will tell you to get off their land when you are standing in the river bed which is public land, period, even if there is not water there at that time. The law reads it is public domain "UP TO THE NORMAL HIGH WATER MARK"
When you inform them they are not going to listen and inevidablly will threaten you with arrest. I keep a copy of the law in my vest for just such an occasion. Visit http://www.nationalrivers.org/us-law-menu.htm look around


Illinois does not define navigable waterways the same as the federal government does. So you won't get the local sheriff to take the paper in your pocket as fact. If you want to use the copy of the law you keep in your vest you'll probably have to do it in front of a judge. As long as you can afford a lawyer to take it as far as you have to, it might work...eventually.

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Salmon Unlimited Member
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Joined: 02:23pm - Aug 23,07
Posts: 235

Post Posted: 06:47am - Oct 28,10 
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Capt.Jim, I don't know where you were but i've heard of this guy.A couple of friends of mine know who he is. They tell me he's a wealthy guy that goes out every year to different lakes with his canoe to interrupt peoples hunts. I don't know of course if its the same person but if it is he's a hard core people eating tasty animals member that has made harassing others his mission in life.Guy's have taken him to court and he's been fined but doesn't care much about the money it costs him.It might not be the guy but it sounds like it is. Harassment is illegal and the dnr officers do know the laws pretty well in northern IL.They have an interest in seeing that outdoorsman in the field not breaking any laws are not harassed.Most of them are hunters and fisherman too.

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Chitown-Angler
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Joined: 09:12pm - Mar 3,07
Posts: 186
Location: fox lake

Post Posted: 06:51am - Oct 28,10 
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saltquaker is right the lake bottom can be owned and anchoring to hunt it is trespassing. most village hall or county offices provide a tax map plat survey showing who owns what. look it up and youl know whats huntable and not. skulling over owned lake bottom will stand up in court if ticketed by a cop who doesnt know anybetter. look up the plats and right down the name of the landowner you are anchoring on if you get harassed you can always ask the landowners name help you decide if the guys blowing smoke or not.

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Chitown-Angler

Joined: 11:59am - Apr 27,06
Posts: 781
Location: Mundelein

Post Posted: 10:20am - Oct 28,10 
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Thanks for the replies on this one guys.

I don't think it is the same guy, as this guy said he would be out there had he not been bow hunting? However, it was only 8:15 or so, so he didn't do much bow hunting, now did he? :lol: It had rained early, so maybe he was run off by the rain?

Anyway, I truly believe in Karma now, and I have always shared the family farm ground I have, with other less fortunate sportsmen, and in telling another sportsman I run my pointers for about this past weekend’s experience, have been set up with a better place in the area to hunt, where there are way more birds, better water/habitat conditions, and have permission for a permanent/seasonal blind as well. KARMA is real! :thanks

Things always seem to work themselves out, and I am a far more knowledgeable sportsman today, than a week ago! :helloooooo Thanks again for all the responses guys! :winker

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Chitown-Angler
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Joined: 01:02pm - May 24,06
Posts: 257
Location: Homer Glen, Crestliner Serenity 1800 175hp merc

Post Posted: 09:12am - Nov 1,10 
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As long as we are on the topic of public access to waters/rivers....does this look familiar to anyone. It's a fence along a bikepath....which is also blocking access to a particular local river that is frequently used for fishing and waterfowl hunting.

Image

Personally I think it sucks and downright dissapointing that something like this can just happen without furious resistence.

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Chitown-Angler

Joined: 12:35pm - Mar 16,10
Posts: 12

Post Posted: 09:22am - Nov 1,10 
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TBone, shoot me an e-mail (bdgrebl@ilstu.edu) about this, I don't want to be naming public spots on a public forum. I'm not pleased about this either, access is already EXTREMELY limited to this area. I've been making phone calls and getting no response.

Brian

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Chitown-Angler

Joined: 12:35pm - Mar 16,10
Posts: 12

Post Posted: 09:24am - Nov 1,10 
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Once again, the bird watchers and runners/cyclists (I am one too though, ha) get new facilities, while the hunters and fishermen who actually make the financial contribution get the shaft. That's about right. Rant over.

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