Questions on public right of way on inland lakes.....Sandman??

[jopher]

Maybe the laws or ordinances change from lake to lake or from township to township, but any info would be appreciated.
"Q"...Once you have accessed inland lake water ,what are your boundaries?
Is the water itself completely public? Can a person walk in front of homes , businesses, resorts....and how close? What about State parks....If the park is closed to detecting....would the water in front of the park be off limits as well? Im not the type who would push my detecting to rude or inconsiderate limits, however I would like to take advantage of the best scenarios for finds.
Again, any info would be helpful....thanks....Joe

 

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[jglunt]

The Michigan Supreme Court has ruled in several cases that the public may travel in and use any public waterway until it reaches dry land. The landowner also has rights to use the lake bottom for navigation such as docks, etc. The problem usually arises when the user claims a right to navigate the area between the high water mark and the end of dry land. This area according to recent rulings is off limits to the general public and trespassing laws may be enforced.

I don't know of any special rules that apply to the waters bordering State Park lands.

Jim

 

[Sandman]

It is my understanding that in Michigan you may stand on the land off shore from a property owner including State Land. However, some State Parks have restrictions on metal detecting and the use of the land underwater from the park is off limits also. Depends on the wording in the rules. Any damage from digging in the bottom can result in legal action from the state just as if you left holes on dry land. Use of the water may be OK, but not if your standing on the bottom. Depends as it isn't all black and white.

As for detecting off a property owners shore in most cases it is not trespassing. I've had the police called on me a few times and for one thing, they don't wanna wade out to arrest you and another, your on public land breaking no laws. But if a land owner starts jumping up and down, it is best to move on before they break the law big time and blow your head off. You were in the right, but that pull tab isn't worth it.

Note that laws in other states are strange too and keeping up with them is difficult. That is why it is best to keep a low profile and not make a mess or leave holes, even underwater.

 

[jglunt]

But if a land owner starts jumping up and down, it is best to move on before they break the law big time and blow your head off. You were in the right, but that pull tab isn't worth it.

Exactly! That's the key...even if you're within the law, is it really worth it to antagonize a land owner. At that point, in my opinion, it's no longer fun and when this pastime is no longer fun and relaxing...it's time to do something else.

Jim

 

[jopher]

Thanks guys....Joe

 

[SaginawIan]

Joe,

I suspect you have a new detecting spot up your sleeve , huh?


Ian

 

[jopher]

Joe,

I suspect you have a new detecting spot up your sleeve , huh?


Ian

Myself,as well as many others would love to hunt to hunt the North Higgins lake beach.(probably wont though).Other than that...I simply need to get a little more aggresive in my water hunting....its definitely getting more competitive, and I want to find MORE GOLD!.....Joe

 

[tuckytaz]

Sandman I live on a lake and have researched this also. As with any rules or laws their is always an exception. In general you can not walk on someones beach. The courts use a term of navigable waters for commercial or public use as water that can be used for shipping, about 99% of lakes are not in this category and the laws change in the favor of the water front owner. The state owns the water but the land owner owns the land under the water to the middle of the lake, where it meets the owner from the opposite side. The argument is what if the water level goes way down or even dries up. Some lakes have predetermined 6 foot right of way for people to stroll on all the way around the lake but that is all you can do and these lakes are few. You can also use the land on private frontage to save your life only,such as storms your boat is sinking or you are drowning. To get it from the horses mouth you can go to Michigan Gov. and look up all the court rulings under Riparian Rights. My issue is with boaters that tie up to my dock or anchor right in front of my house and fish for several hours at a time. I cant use my dock or swim from it with out rubbing elbows with a stranger ( in my own front yard so to speak ) its invasion of privacy, sorta of like bringing my family to your house and setting up a tent on the edge of the road in your front yard. Regards Brad

 

[Sandman]

Brad, you are right on the owners riparian rights, but these differ mostly from county to county in all states. It is best to treat the land owner as you would like to be treated too. Many would not tie up at someone else's dock, but there are those that do and these unthinking clods are the ones that should be locked up in the stocks in front of the court house. As far as someone fishing near your property from a boat, it is legal, so if you decide to swim and it disturbs their fishing, they should move on somewhere else. Many property owners sink brush piles off their docks for fish habitat. For someone else to fish it knowingly is akin to using someones deer stand. Not the smartest thing to do.........But who said humans were smart?

 

[jglunt]

My issue is with boaters that tie up to my dock or anchor right in front of my house and fish for several hours at a time.

Brad,

I live on a river and my Riparian rights tend to be a little different than yours but as I read the rulings tying up to your dock is trespassing while temporarily anchoring to your bottom even for several hours is not...unfortunately. I agree with you about how aggravating it can be to practically have a stranger in your living room all day.

The navigability test is used mostly for rivers and streams, however, the courts have recently ruled that repeated and continued recreational use of a body of water (including inland lakes) constitutes navigability. On some rivers and streams the log floating test which dates back to the lumbering days is still in use so each situation can be different.

I think Sandman really got to the heart of matter which is why aggravate the property owner unnecessarily...just go somewhere else.

Jim