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Post by ldb on Jan 8, 2013 23:53:24 GMT -5
Got a problem...Had a land owner call me to remove beaver out of the creek they flooded his fields and cutting his trees...The creek is about 20 feet wide and runs straight for about 100-200 yards before it starts the turns and bends...
Now on the other side is a different land owner that does not really likes trapping.Now he sees me hauling a beaver out and meets me at the truck,and tells me that he does not want the beavers trapped. I told him that Mr. Jones asked me to trap them out.He tells me we'll see about that.
Now the beaver house is on Mr. Jones land and I stayed on that side of the creek.Now the law is I got to stay 15 feet away from house and dams I figured that each owner owns half of the creek so I made mock pull outs with castor mounds on Mr. Jones side.
My question is would you trap the creek or just pack up and get out. Who owns the beaver?
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Post by trappermac on Jan 9, 2013 6:11:21 GMT -5
I had s similiar situation once....trapping rats in a swamp with the property split between two landowners. Landowner 1 said go ahead and trap the rats but leave the beaver alone (he had illusions of grandeur...the water would turn into a lake and he and his wife would love to canoe it then), landowner 2 said trap the rats on the condition that I remove the beaver as the backed up water was cutting off the corners on two of his cornfields and they were taking his trees (all the softwoods were on his property). I trapped rats across the entire marsh, but also set for beaver on landowner 2's property and made sure #1 never saw me remove one.
Nobody owns the beaver. In either your case or mine the landowner with the damage could have gotten a removal/kill permit and that would remove any doubt.
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Post by herm on Jan 9, 2013 6:56:39 GMT -5
If you would give us more information on the creek I could give you a better answer.Does it flow into a larger body of water?Can it be navigated at least with a canoe during its normal high water flow?If these conditions apply,the creek might be classified as navigable.If it is, the creek and the land below the normal high water mark most likely belongs to the public.This is true regardless of tax or plot mapes that may look like things are different than what I stated above. Only you know the answer as to if it ie wise for you to stay in that location or not.
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Post by papabear on Jan 9, 2013 7:44:11 GMT -5
Dear Mr. Larry, The beaver will be yours when you catch them......Personally I would respectfully tell landowner #2 to go see the landowner who gave you permission. In the meantime I would make hay while the sun shines. in case the landowner who gave you permission happens to change his mind. Regards
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traps82
#3 Newhouse
Hope is always alive
Posts: 3,208
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Post by traps82 on Jan 9, 2013 9:55:35 GMT -5
Dear Mr. Larry, The beaver will be yours when you catch them......Personally I would respectfully tell landowner #2 to go see the landowner who gave you permission. In the meantime I would make hay while the sun shines. in case the landowner who gave you permission happens to change his mind. Regards Same as I would do....
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Post by papabear on Jan 9, 2013 16:18:40 GMT -5
Dear Mr. tmc, Holey smokes man. Remind me never to get into a heavy duty B.S. session with you...Id be winded just about the time you started to get wound up, lol.......interesting info to say the least. Regards
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Post by papabear on Jan 9, 2013 21:03:18 GMT -5
Dear Mr tmc, Friend, never be sorry for sharing good information! Regards
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Post by oldtimer on Jan 9, 2013 22:43:57 GMT -5
a littel more bs. one can navigate a water course to and from market with farm products for sale in nys. but are truspassing any other time.enacted about 1756.
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Post by herm on Jan 10, 2013 6:32:10 GMT -5
I do not agree with every thing posted on this thread,It does not matter what state you live in the law covering this applies to all.It is the old British Common Law that covers this.All of the first 13 states were granted this right and so all states would be equal, all the rest were granted the same rights as they joined the Union.This has gone all the way to the US Supreme Court about seven years ago when lakeside property owners were trying to stop people from being on the shore along the Great Lakes.Remember the DEC used to have something about a state appeals court ruling about fishing in the streams.You dont see that any more.Also becouse trapping is a business and not a sport,that fact is one of the four test to determine if a stream is navigable if you are indead trapping on it.If a waterway is navigable it and all land below the normal high water mark is public domain.In NYS these are state highways.I do agree that tax and plott maps may often read the center of the stream ,but this doesnt change anything.A lot of land is taxed and taxes payed by someone who does not really own the land they are paying taxes on.As long as people dont know any different the towns are more than glad to collect there money as they want everything incompassing there boarders taxed.
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Post by whartonrattrapper on Jan 10, 2013 8:46:26 GMT -5
DOUGLASTON MANOR, INC., APPELLANT, v.GEORGE BAHRAKIS, ET AL., RESPONDENTS. 89 N.Y.2d 472, 678 N.E.2d 201, 655 N.Y.S.2d 745 (1997).
I believe this would be the last ruling on this from the supreme court. In the ruling it states that while the river is open to navigation, the fishing rights still remain with the said land owner. So i would assume the same for furbearers.
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