Virginia: Developer Sues Wade Anglers

[Editor]

Who owns the river bottom on Virginia's Jackson River? Allegheny County and Virginia courts will decide who owns the bottom of the Jackson River, anglers or The River's Edge residential project.

The developer of the residential project has sued three anglers – one is a pastor – because they were wade fishing in front of the development. The developer says it has river bottom ownership deeds dating back to the eighteenth century. The recreational anglers say they were following state fishing maps that show, in effect, that the state is owner. (Roanoke Times)

[okuma]

Laws vary state by state. In Pa., for example, IF the stream was at one time navigable, then wading is permitted. However, if not, the land owner has rites to the waterway bottom. Ohio owns the Ohio River. WV., owns the bottom. In turn, you may fish with a WV license to the first riffle off this waterway into Ohio. The list goes on and on. It will take a decent amount fo research by either party to determine who is correct

[mojo]

Originally Posted by okuma

Laws vary state by state. In Pa., for example, IF the stream was at one time navigable, then wading is permitted. However, if not, the land owner has rites to the waterway bottom. Ohio owns the Ohio River. WV., owns the bottom. In turn, you may fish with a WV license to the first riffle off this waterway into Ohio. The list goes on and on. It will take a decent amount fo research by either party to determine who is correct

But the developers are going back saying King George and England deeded them the property.

[troutslayer]

I was told that here in Maryland the landowner owns the land even if the land is the riverbed or streambed. The state owns the water but unless you can walk on water you cannot fish behind someone's house without permission.

[kwb]

My question is this though, do they pay taxes on the river bottom?

That would make it pretty cut & dry, if they pay taxes on it, then they likely have a leg to stand on, if they don't pay taxes on it, then the public has a right to wade the river...

[ghost_reaper]

Not to play devils advocate here, but in the States where the land owner owns the bottom of the stream can you technically float in a canoe and or raft and fish out of that?

Just curious.

[kwb]

Originally Posted by ghost_reaper

Not to play devils advocate here, but in the States where the land owner owns the bottom of the stream can you technically float in a canoe and or raft and fish out of that?

Just curious.

Yes...................

[stimulator2]

Here in NC i have seen the survey pegs next to the stream does that mean thats the end on property or does it extend into the stream. I have for years fished a stream close to my house with people trying to run me off and me with permission to fish the other side and them trying to tell me they owned the water.I have been told if a property owner owns both sides of the stream you have to float it to be abble to fish it.

[flyrodorbust]

To add one more caution to the float idea; If you anchor mid stream or anywhere else, that is as good as placing your feet on the rocks and constitutes trespass.

[rockhunter]

Laws vary alot state to state, but if you cant legally wade it you can usually legally float it.