# Kayaking on posted waters



## KTkiff (Jul 30, 2004)

I would like to get some expert opinions on here. I just found out one of my favorite places to kayak on Lake Erie is now posted. There are signs saying no trespassing, boating, or fishing. If I am my kayak, there is nothing they can do, correct? I've heard that they will yell and scream at you, but as long as I am in my kayak I should be fine?? Of course if I am anchored there, technically I can't do that now.


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## KTkiff (Jul 30, 2004)

I just called the police department in that city and they weren't even sure of the law if I am in a kayak. He told me I can go back there until he finds out for sure and if they call the police on me to give his badge number.

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## 1basshunter (Mar 27, 2011)

Good luck on it But I would not anchor till you know for a fact that you can, but with that said how far out in the water do they owen???? if they owen it at all may be just some bs


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## Bowhunter57 (Feb 9, 2011)

KTkiff,
As long as you've put in on public ground, so that you're not trespassing and the open water isn't separated by some man-made division, I don't see any legal course for the "land barons" to have a leg to stand on in court.

Depending on what you're calling harassment, the people on the land run the risk of getting cited for sportsman harassment...which is against the law.
http://codes.ohio.gov/orc/1533.03
If you are in the legal right, I'd *politely* recommend to the people on the bank to cease their activities, but not before taking pictures of them with your cell phone. If it continues, a call to local authorities would be my next move.

The *polite* conversation may end their lack of ignorance about the situation. It's entirely possible that they don't know the laws about water travel and/or hunter harassment.

Bowhunter57


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## shwookie (Jun 15, 2007)

Good news, the local cop or Sheriff who shows up when called won't know the answer either.
Bad news, they won't side with you and will tell you to move along.


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## Shortdrift (Apr 5, 2004)

Why not contact the ODNR and ask their opinion and if they don't have one, ask them to direct you to who they feel can help and, if that doesn't work make yourself or better yet, you and a couple other friends become a test case. Maybe hire a marine lawyer to get a professional opinion.


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## SlabSlayR (Jan 23, 2012)

I would call the coast guard if it is part of Lake Erie. I'm sure they should be able to tell you since they patrol those waters.


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## KTkiff (Jul 30, 2004)

Thanks for everyone's responses. I got a call from the officer tonight who didn't know the answer. He sent a text to his sergeant who is in charge of this "issue", and the sergeant replied with "it's restricted to everyone." I asked if he explained I would be in a kayak and he said yes, but who knows if the sergeant just didn't want to deal with it tonight. The officer suggested I call back on Monday when the sergeant is in. I don't really want to hire a lawyer or get myself in a situation where I need to. I was just hoping it wasn't such a grey area and I could still fish this area due to a technicality. But to the poster who said the police will show up and not know the answer, but still kick me out, is probably right. If it's that grey, I doubt they would cite me.


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## KTkiff (Jul 30, 2004)

Just found this

Lake Erie Property rights related to Lake Erie are a bit different than inland waterways. The waters of Lake Erie are open to the public. Landowners along Lake Erie have title to the land to the natural shoreline which is the line at which the water usually stands when free from disturbing causes. The State of Ohio owns the land at the natural shoreline and beyond12. - See more at: http://www.wright-law.net/resources...lated-to-ohio-sportsmen/#sthash.LXLbcXSZ.dpuf


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## Yakphisher (Jul 9, 2013)

Without starting an argument with stupid spoiled landowner who think they own everything there probably more better area to fish without the hassles.


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## backlashed (Mar 19, 2011)

KT, I'd suggest you get online and check the satellite property boundary if available in that county. If it's available and supports your claim, you can print it out and use it as a plat to show the landowner or local law enforcement. It's worked with me several times. I'd start with the county Auditors office.

Can you give us more details on the location? Is this in a cove, up a creek or offshore? 



KTkiff said:


> I don't really want to hire a lawyer or get myself in a situation where I need to.


I agree, you don't want to be a test case.



KTkiff said:


> But to the poster who said the police will show up and not know the answer, but still kick me out, is probably right.


Even if he's wrong, do what the nice officer says. A whole different can of worms gets opened otherwise.


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## KTkiff (Jul 30, 2004)

Talked to the police chief today. He said they have tried for years to secure the right language to keep people from being back there due to the "bi annual deaths". They were just able to do that this year. I have a police officer friend who fishes who swear they still can't do this, but I guess it's not worth the fight.


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## backlashed (Mar 19, 2011)

KTkiff said:


> Talked to the police chief today. He said they have tried for years to secure the right language to keep people from being back there due to the "bi annual deaths". They were just able to do that this year. I have a police officer friend who fishes who swear they still can't do this, but I guess it's not worth the fight.


Biannual deaths? What kind of water is this? Are you familiar with this claim?

What is the "right language"? The law has to be in writing and it has to be signed. I'd ask your police buddy what the regulation is and get the codification numbers. 

Can you share the county and municipality with us? I'm curious now.


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## KTkiff (Jul 30, 2004)

backlashed said:


> Biannual deaths? What kind of water is this? Are you familiar with this claim?
> 
> What is the "right language"? The law has to be in writing and it has to be signed. I'd ask your police buddy what the regulation is and get the codification numbers.
> 
> Can you share the county and municipality with us? I'm curious now.


Backlashed, PM sent


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## Steel Cranium (Aug 22, 2005)

backlashed said:


> Biannual deaths? What kind of water is this? Are you familiar with this claim?
> 
> What is the "right language"? The law has to be in writing and it has to be signed. I'd ask your police buddy what the regulation is and get the codification numbers.
> 
> Can you share the county and municipality with us? I'm curious now.


Sounds familiar to me. We had some similar questioning years ago with an area around a power plant outflow. Couldn't get a straight answer from the law since it was legal to float back there without hitting land or anchoring. They didn't want to say it was ok due to the number of unfortunate incidents in the area and probably didn't want to be pinned with telling someone to give it a try.


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## KTkiff (Jul 30, 2004)

Steel Cranium said:


> Sounds familiar to me. We had some similar questioning years ago with an area around a power plant outflow. Couldn't get a straight answer from the law since it was legal to float back there without hitting land or anchoring. They didn't want to say it was ok due to the number of unfortunate incidents in the area and probably didn't want to be pinned with telling someone to give it a try.


I think we are talking about the same place



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