Fair or Unfair? Discuss.

[WItoTX]

Why was there never legal access to the lakes?

Why would anyone ever support the courts allowing people to trespass on someone's private land for any reason?

Because I suspect the land around the lake used to be owned by multiple owners. This guy bought out all the owners, thereby encompassing the lake. Likely one of the previous owners didn't care that people used his property to access the lake.

[RiverRat1]

This was going to be my response. Time to get a plane or helicopter on floats.

But then only rich people can fish the lake so still unfair. Maybe give every fisherman a sea plane?

[JayB]

Why didn't the government ensure access to the lakes when developing them in the beginning? They should have known better.

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[PYBUCK]

Fair legally but the Canadian authority that paid for the fish in the lake should send him a bill for all fish imported or raised in the lake since its inception.

[Farmdog]

Life is too short to be mean to fisherman, if they leave trash, ban them

[DNTRanch]

If he has that much money let him buy the lakes and then the Gov. can go by some land for recreational use with lakes. Plenty of lakes in Canada.

[TX_Hoghunter]

I do not know the liability laws in Canada but could they becoming into play here. Someone gets killed crossing his land and their family sues. Personally I would not give them permission either. I probably would not prosecute anyone for fishing but would not welcome it either.

-john

[Dusty Britches]

There was public access, on a publicly funded and maintained trail. In our state we call that an easement, but even the county has to claim the easement as public access. In Texas, even without an easement, the county can sue to force the landowner to accept the easement at fair market price.

I do not know Canadian land laws, but from a moral and ethical point of view, I'd say this is not fair. The access route is/ was publicly owned and maintained prior to Mr. Kroenke's purchase. It was also a well known as a public access.

[S-3 Ranch]

I personally know of lots of county roads, that cross one owner ranch’s , the ranchers had major problems with trespassing, poaching, ect , so they gated each end stopping all traffic,
The county never maintained these roads and were happy to see these roads taken off the maintenance list , budget
Should, recreational use be returned to do things like bike ride, hiking, birdwatching
This will effect some major hunting leases in south Texas
Me personally I wouldn’t like to see these roads reopened for recreational purposes

[GarGuy]

There was public access, on a publicly funded and maintained trail. In our state we call that an easement, but even the county has to claim the easement as public access. In Texas, even without an easement, the county can sue to force the landowner to accept the easement at fair market price.

I do not know Canadian land laws, but from a moral and ethical point of view, I'd say this is not fair. The access route is/ was publicly owned and maintained prior to Mr. Kroenke's purchase. It was also a well known as a public access.

The legal problem with that particular trail is that it ended short of the actual lake boundary. Even if determined to be a public row, there was still trespass between the trail end and lake.

[tx_basser]

more rules for me and not for thee. Rich people buying to land to make their own private reserve at the taxpayers expense.

[flywise]

Why didn't the government ensure access to the lakes when developing them in the beginning? They should have known better.

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I suspect the lakes in question are natural lakes and undeveloped.

[Tuffbroadhead]

Easements are a slippery slope for all involved and laws vary by state and surely different in another country.

There is a ongoing easement case here that has been going on for years here in Parker county. 40 acres surrounded by other land owners which refuse to sell easement, there is not a deeded easement on historical record.

Oklahoma has three types of easements, Issue by statute which is mile section lines but road has to be built at the expense of the person wanting the easement to their property, Deeded easements, and Historical easement that has been in use for 15 or more years (cant remember the exact name for it).

Huge arguing point in many state with fishermen is with flood control (pond/lakes), Corp of Engineers built the ****s years ago and most of them are on private property.

[JonBoy]

BS on both sides. Landowner has every right to keep people off his property. Public should have access to land they pay for.

This. I'm thinking there was a major foul up / short sightedness along with way with not negotiating public access easement to the publicly owned lake.

If he wants to make it truly private then he should have to buy the water too

[jerp]

One justice said "The plaintiff wants us to to recognize a right to cross private land where it is necessary to do so to access a lake on land reserved for the benefit of the public. In my view, while this argument may attract considerable public support, it has no support in our law.”

No matter the emotional argument - rich guy cutting off access - I find it refreshing when a judge follows the law instead of twisting it to arrive at a conclusion that he personally feels is "fair". If the law needs to be changed there is a way to do that.