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Pathfinder1 

Group: Members
Posts: 658
Joined: Apr. 2011
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Posted on: Feb. 26 2013, 4:33 pm |
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Hi...
According to the www.recordonline.com, a State Supreme Court Judge says a canoeist has the right to paddle down an Adirondack stream crossing private land, and has ordered the landowner to stop posting signs denying paddlers access to the waterway.
The State DEC sided with the canoeist in the case, stating the stream is navigable and thus paddlers had the legal right to use it. The stream is in a wilderness-canoeing area.
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| Post Number: 2
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WalksWithBlackflies 
Resident Eco-Freak Bootlicker

Group: Members
Posts: 8742
Joined: Jun. 2004
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Posted on: Feb. 26 2013, 4:41 pm |
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Excellent. I wonder if this also applies to lakes?
BTW... dead link.
-------------- When I let go of what I am, I become what I might be. - Lao Tzu
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| Post Number: 3
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Pathfinder1 

Group: Members
Posts: 658
Joined: Apr. 2011
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Posted on: Feb. 26 2013, 4:57 pm |
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Hi...
Sorry about the dead link.
PERHAPS (?) this one will work...recordonline.com-Times Herald-Record-recordonline.com.
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| Post Number: 4
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Pathfinder1 

Group: Members
Posts: 658
Joined: Apr. 2011
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Posted on: Feb. 26 2013, 4:58 pm |
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PS
Drat...that doesn't work either...!!
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| Post Number: 5
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Pathfinder1 

Group: Members
Posts: 658
Joined: Apr. 2011
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Posted on: Feb. 26 2013, 5:00 pm |
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PPS
Actually, it CAN be found on that url...you just have to scroll down a little bit. (I'm getting a headache!).
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| Post Number: 6
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Ben2World 

Group: Members
Posts: 23907
Joined: Jun. 2005
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Posted on: Feb. 26 2013, 5:04 pm |
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Click HERE.
BTW, if within 10 or so minutes after posting -- you wish to make a correction -- you can simply edit your old post rather than adding a new one.
-------------- The world is a book and those who do not travel read only a page. -- St. Augustine
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| Post Number: 7
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| Post Number: 8
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Ben2World 

Group: Members
Posts: 23907
Joined: Jun. 2005
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Posted on: Feb. 26 2013, 7:32 pm |
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Ah, no problem. I don't know all that much either...
-------------- The world is a book and those who do not travel read only a page. -- St. Augustine
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| Post Number: 9
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| Post Number: 10
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WalksWithBlackflies 
Resident Eco-Freak Bootlicker

Group: Members
Posts: 8742
Joined: Jun. 2004
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Posted on: Feb. 27 2013, 8:09 am |
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I'll add one caveat...
In NYS, property lines extend to the midline of streets and streams. Something about the way the Dutch used to tax. Anywho, if the public is allowed on the waterway, that portion of the property should not be taxed.
Disclosure: I live on a navigable creek and I want my property taxes reduced
-------------- When I let go of what I am, I become what I might be. - Lao Tzu
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| Post Number: 11
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markinOhio 

Group: Members
Posts: 354
Joined: Feb. 2005
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Posted on: Feb. 27 2013, 9:31 am |
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(WalksWithBlackflies @ Feb. 27 2013, 8:09 am)
QUOTE I'll add one caveat...
In NYS, property lines extend to the midline of streets and streams. Something about the way the Dutch used to tax. Anywho, if the public is allowed on the waterway, that portion of the property should not be taxed.
Disclosure: I live on a navigable creek and I want my property taxes reduced LOL, Water use/property laws really are that archaic, convoluted, and confusing.
As a kayaker and fisherman I’m always happy when we “win” water use battles. However, I can certainly sympathize with many of the landowner’s concerns.
I’m still not sure if I’m trespassing here in my home state of Ohio (not to mention other states) when wading on a streambed that is private property. I’ve been asked to leave by landowners, and I’ve always complied. Most are just concerned about trash and vandalism, and actually apologize for asking me to not fish the stream. On other occasions, I’ve been “asked” by law enforcement and wildlife officers to not float particular areas where I’m fairly certain it is legal. Even they were not 100% clear on the laws, but always seem to default to landowner rights.
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