Is this legal ?

[simsknives]

Most of these in question are areas that are flooded from lake Livingston. It would all come into question on if they pay taxes on that land or not that’s underwater, in their tax assessment. These areas in question are not from them building any kind of a dam or structure to keep the water in. These are naturally occurring or from the Livingston dam. Then they try and block off the natural creeks and drainages so it creates their own private lake that they don’t pay taxes on. They are trying to take from the public and make it private without paying for it. In some places hundreds of acreas of water.

[redfishted]

FMI.....if there is a private lake inside a private parcel of land, and a 15' wide "creek" connects it to a public waterway, surely private the private lake is still private and cannot be trespassed upon simply because there's a navigable waterway to it, correct?

I believe you to be incorrect, if I follow your post correctly

[GarGuy]

I believe you to be incorrect, if I follow your post correctly

You are correct RFT. If it can be navigate to from the river, it is public use..

[GarGuy]

Most of these in question are areas that are flooded from lake Livingston. It would all come into question on if they pay taxes on that land or not that’s underwater, in their tax assessment. These areas in question are not from them building any kind of a dam or structure to keep the water in. These are naturally occurring or from the Livingston dam. Then they try and block off the natural creeks and drainages so it creates their own private lake that they don’t pay taxes on. They are trying to take from the public and make it private without paying for it. In some places hundreds of acreas of water.

The last part of your post is correct but not the first part i have property along the trinity and pay taxes to the center of the river. Also, I pay taxes on the land under the farm road in front of my house. In neither case can i stop traffic there because it is public right of way.

[simsknives]

The last part of your post is correct but not the first part i have property along the trinity and pay taxes to the center of the river. Also, I pay taxes on the land under the farm road in front of my house. In neither case can i stop traffic there because it is public right of way.

Yes along the river channel but these in question if they are south of a certain line up the river should fall into lake Livingston. I live on waterfront of lake Livingston and I don’t pay taxes all the way to the middle of the channel. No one is paying taxes on the “lake of Harmon creek” or Carolina cove etc.

The state of tx also has the right to control water out of a body of water over a certain acre foot limit.I don’t remember what that limit is but it’s not very much.

[GarGuy]

Yes along the river channel but these in question if they are south of a certain line up the river should fall into lake Livingston. I live on waterfront of lake Livingston and I don’t pay taxes all the way to the middle of the channel. No one is paying taxes on the “lake of Harmon creek” or Carolina cove etc.

The state of tx also has the right to control water out of a body of water over a certain acre foot limit.I don’t remember what that limit is but it’s not very much.

Yessir that all correct. I was referencing where you said it depends on whether they pay taxes on it or not. I was pointing out that in many cases people DO pay taxes on land under water that is public right of way and that fact does not allow them to stop traffic on it.

[bigchiefj]

Didn't the State rule that floating over private property to fish wasn't trespassing a few years ago?

I thought the same ruling said floating and hunting over private property was trespassing.

[MadHatter]

You still a 100% on this tuff?

I've met more than one warden who didn't know his head from his ***

The majority

[Killer Miller]

Gar Guy is 100% correct.

[deerslayer94]

Gator glide on the bottom of the boat, 35hp surface drive, pin her down and blast it!

[bloodtrailer28]

Yessir that all correct. I was referencing where you said it depends on whether they pay taxes on it or not. I was pointing out that in many cases people DO pay taxes on land under water that is public right of way and that fact does not allow them to stop traffic on it.

Yep. We own a canal lot at the coast and our property technically goes to the middle of the canal. We pay taxes on that and yet we can't control who goes through or stop anybody from using it. Public water is public water.

Imo is the OPs situation that is public water and **** sure illegal to littler in a public waterway which it looks like the landowner did. Despite some members trying to make it look like they were trying to trespass to someone's private pond

[rebelbow]

just fish it when the water level is over the junk ....