# Fishing River Private Property?



## monkfish (Apr 3, 2010)

What are the laws? If I'm fishing a piece of a river that is accessible by water only (private property) on either side, is that legal? It is my understanding that if you are in the water, and don't access the river via the private property, you're ok?


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## Salmonid (Apr 14, 2004)

lots of posts on this very subject but in a nut shell, in Ohio, if your on stream bottom, you are trespassing no matter how you got there, if boating, you are able to take the least distance on shore around an obstacle but not allowed to anchor on stream owners property and not to fish outside of the boat. 

Splitting grey hairs here, technically in Ohio, even in a boat, you can not "hunt fish/game" on private property but the law isnt usually held tto the fullest degree of the law until an owner asks you to move on, and you dont, then the law could enforce it to that level. ( but rarely is) 

Bottom line is get permission if your not sure about fishing there, if thats not an option, get a canoe or kayak and fish from it, if a landowner asks you to leave, please do so without confrontation, if you push the envelope, in the end, youll likely loose the case if the law gets involved.

Salmonid


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## monkfish (Apr 3, 2010)

Thanks. Such a shame that all the river in certain areas is private like that.


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## tadluvadd (Feb 19, 2012)

monkfish said:


> What are the laws? If I'm fishing a piece of a river that is accessible by water only (private property) on either side, is that legal? It is my understanding that if you are in the water, and don't access the river via the private property, you're ok?


i asked a game warden this same question,and also a sheriff deputy about tresspassing.both told me the same thing......the landowner owns the river bottom,the ground the water flows over but doesent own the water itself.legally,if you are not touching bottom,the landowner has no legal grounds to make you leave.we as fisherman and tax payers own the water and the fish in them.basicaly if you wade,you trespass.if you boat,your on state property.if you think about it,it makes sense.it would be the same for lakefront owners on lakes.imagine if every lakefront owner could tell you to leave the water in front of the shoreline they own if your in a boat.


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## monkfish (Apr 3, 2010)

Does an inner tube float count?


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## tadluvadd (Feb 19, 2012)

monkfish said:


> Does an inner tube float count?


it would be leagal as long as you werent standing with a float tube around your waist fishing.the key word is touching the prvt property of the river bottom.


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