Indiana Panning Permission ???

[hunter_46356]

I am under the impression that panning in a creek bottom is legal as long as you have a legal access to the creek. Is this true? What is the definition of "riparian" in regard to property ownership of the creek? I have found a DNR maintained pull off near a creek that is used for public access in the season for canoe trip put ins. Can I legally enter the creek at this point and move up or down stream from there?

I have also found several promising spots both up and down stream while viewing Google Earth. When finding property ownership of water front do most of you just do the drive by, knock and ask or has anyone tried a different approach such as county public records to find phone numbers and call first. It's quit a drive to make and would be advantageous to at least have a name when you walk up to the door or better yet permission ahead of time.

 

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[russau]

yes to your first question! but goto Chuck Lassiters site www.midwestprospector.com and he has the Indiana rules posted there on his site.

 

[hunter_46356]

After doing some research and talking to the IN. DNR I have found that the creek I was in for the first time is considered a non-navigable waterway in IN. Therefore according to the DNR the creek bottom is not under their jurisdiction even though there may be public access to the waterway. In identified IN. navigable waters the waterway and the bottom are property of the state that anyone may use (prospect )as long as there is public access to it or you have riparian permission to access the water. I still don't think this would give you the right to dig in the banks since I think this would be private property.
In non-navigable waterways DNR says you need written permission from a landowner/tenant to gain access even though there may be a public access.
So to keep me all legal I need to take a drive and do some door knocking and hope I'm successful at finding a willing landowner.

Any suggestions or ideas in regards to:
Copy of permission letter
Should I have a hold harmless agreement signed
Do I included a copy of personal information such as Drivers Lic.
What else does everybody do?
Don't want to make this too complicated but want to let the landowner know I'm serious and concerned about his legal rights and responsibilities.

 

[russau]

i did all of this and the campground owner looked at me like i was crazy! but i got it to keep the problems down incase some greenies come snooping around and want to stire up some trouble.

 

[ohiochris]

After doing some research and talking to the IN. DNR I have found that the creek I was in for the first time is considered a non-navigable waterway in IN. Therefore according to the DNR the creek bottom is not under their jurisdiction even though there may be public access to the waterway. In identified IN. navigable waters the waterway and the bottom are property of the state that anyone may use (prospect )as long as there is public access to it or you have riparian permission to access the water. I still don't think this would give you the right to dig in the banks since I think this would be private property.
In non-navigable waterways DNR says you need written permission from a landowner/tenant to gain access even though there may be a public access.
So to keep me all legal I need to take a drive and do some door knocking and hope I'm successful at finding a willing landowner.

Any suggestions or ideas in regards to:
Copy of permission letter
Should I have a hold harmless agreement signed
Do I included a copy of personal information such as Drivers Lic.
What else does everybody do?
Don't want to make this too complicated but want to let the landowner know I'm serious and concerned about his legal rights and responsibilities.

In Indiana , much like Ohio where I am , we are not in gold mining country and most people dont even know there is gold to be found. My experience here is that people usually say sure go ahead all you want but they want me to let them know how I do. Getting "written" permission is a good idea but just like with metal detecting on someones property as soon as you mention a liability agreement and the owners requirement to write something down giving permission ...most of the time you have lost them and you wont get permission. While this may not be a popular answer on here , I never ask for written permission just verbal. If I was gonna spend huge amounts of time there and carry in a lot of equipment it would be different but for such limited access and time I dont think its necessary. They are very likely to say yes , until they have to sign or write anything , they generally dont want to do that. If I happen to do very well and plan to be there a lot I would probably go back and ask for something in writing then.

 

[KevinInColorado]

Ohiochris, I like how you put all this. If your prospecting results show enough color to ramp up, that would be the natural point to get more formal with the landowner... Something in writing about sharing the profits, addressing liability, post mining cleanup, etc.

In my non-professional view it seems silly to do all that on first contact!

 

[ohiochris]

Ohiochris, I like how you put all this. If your prospecting results show enough color to ramp up, that would be the natural point to get more formal with the landowner... Something in writing about sharing the profits, addressing liability, post mining cleanup, etc.

In my non-professional view it seems silly to do all that on first contact!

Depending on the location it may not be necessary to get everything in writing at all , there is a difference between prospecting a creek just behind someone house and prospecting an empty stretch of land out in the middle of nowhere. As far as the law is concerned you need it but there are places you will never see another person and not have any trouble at all. I would say it depends a lot on the impression or "vibe" you get from the landowner and the property in question , sometimes it might be a good idea to secure it in writing right from the start , but usually if they yes then you are ok with just verbal. You may find nothing at all and to possibly turn the situation around in a negative way with paperwork and legal talk before you even have a chance to try the location out could be really unproductive. If a person feels safer with something in writing then by all means , secure it with paperwork , but you really could lose out on some good spots that way. I do not advocate using the property or access points without atleast verbal permission though.

Something else to think about. I dont know how it is in other states but in Ohio , the river/creek bed of "navigable" waterways are considered property of the state and not the adjacent landowner , BUT......state and local law enforcement as well as the courts uphold "common law" , and if the adjacent landowner wants to claim it and say you are trespassing , they will usually side with the landowner. I dont understand why local common law trumps a ruling by the Supreme Court , but in their mind it does.