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I'v been thinking this for a couple of years now. I have lake that I like to hunt, now some parts of the lake are better spots than others. There are no housing developments on this lake what so ever. No houses within 3 miles of the lake. Now most of the land around the lake is posted. Now just because the land is posted, does the owner realy own the shore on the lake? Is the shore line on the lake huntable by other people leagaley? If I were to access a point on that lake and walk the shore line until i got to the posted property, would i be legaly able to hunt it with out braking the rules of posted property. Because my belief is that no person own's the water on a lake, nor the shore line. There are over 15 different farmers who share there fields that touch this lake. So in reality do thay co own the lake? Or does the Government of North Dakota own the lake and shore line, and in return it is legal to hunt the shore line even though the land behind it is posted?

Any input on this topic would be great.
 

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If the land around the lake is private, and its posted, the lakeshore, and lake is posted.

If their is a public access point, than no, the lake is not posted. But, you have to be SURE its a public access point.

If one land area bordering the lake is not posted, than that chunk of shoreline is huntable. I wouldnt press my luck any further. Id ask. Its really easy to ask, all you have to do is dial a phone or knock on a door.
 

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Like bareback jack stated, if the lake is surrounded by privately owned land and its posted, then the lake and shoreline would be surely posted. I would find a landowner in that area and ask. The worst thing he can say is no.
 

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You guys keep talking about asking the landowner, well if he's got it posted then he's going to say no. I think what valleycity is trying to ask is: Does he have the RIGHT to post and prohibit people from hunting on lakeshore that is available by other access points around the lake?
 

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goldfishmurderer said:
You guys keep talking about asking the landowner, well if he's got it posted then he's going to say no. I think what valleycity is trying to ask is: Does he have the RIGHT to post and prohibit people from hunting on lakeshore that is available by other access points around the lake?
So because the land and so said lake is posted, just keep on driving. :roll: It could be maybe its posted because he wants to know who is using his land. Besides I've had a handful of knuckleheads go on the land even though it was posted. there is a reason for everything, even posted signs, but it doesnt mean its automatically posted so keep on driving.
 

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goldfishmurderer said:
:lol: :eyeroll:

What are you trying to say? I don't get it.
If I drove past every posted sign assuming the farmer would say "no".

I would hunt about 1/10th as much as I do.

Like greeny said..Posted does not always mean no hunting is ever allowed.
 

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Yes I realize that...i've hunted before and I've asked permission to hunt on posted signs before, thanks for the tips though guys. The point is DOES HE HAVE THE RIGHT TO POST ON A LAKE THAT MANY PEOPLE HAVE ACCESS TO? Just forget about the debate on whether he wants people to hunt or not. Lets just say he was asked and he said no he doesn't want anyone hunting on the lakeshore he has posted. Then the question is what I have in all caps above. Lakeshore maybe he has the right to post and prohibit people from hunting. But what if there are thick weeds that you can conceal your boat in about 10 yards out in front of the shore he has posted. You are hunting in the lake and not on the shore. Can you hunt there then even though he's got it posted and says you can't hunt on his lakeshore? :eek:
 

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barebackjack said:
If the land around the lake is private, and its posted, the lakeshore, and lake is posted.

If their is a public access point, than no, the lake is not posted. But, you have to be SURE its a public access point.

If one land area bordering the lake is not posted, than that chunk of shoreline is huntable. I wouldnt press my luck any further.
There is another consideration too that hasn't been discussed.

I believe there is additional law that talks about a lakes meander line.

If the lake has gone down below the meander line, and a strip of land adjacent to a road has opened up, you can use that public right of way land to access the lake. You can then hunt the water anywhere, as long as you are legally anchored (this refers to ND law only mind you).

This is the same law that ice fisherman use to access a lake, withouth infringing on the landowners property.

Correct me if I'm wrong?
 

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goldfishmurderer said:
Lakeshore maybe he has the right to post and prohibit people from hunting. But what if there are thick weeds that you can conceal your boat in about 10 yards out in front of the shore he has posted. You are hunting in the lake and not on the shore. Can you hunt there then even though he's got it posted and says you can't hunt on his lakeshore? :eek:
That is my understanding yes. I have discussed this many times with ND G&F and as long as the lake was legally accessed on public land (even thru the method I described in my previous post), then yes you can hunt that lake given that scenario above.

Hope this helps

Ryan
 

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kind of off the supject but i thought i would share. I was fishing on a slough NE SD a couple of years ago drove onto the lake thru a access on a WPA. Anyways half the slough was over the WPA land and the other was over private. The owner of the private had drilled holes in the ice and put up no tresspassing signs every 100 yards or so across the whole slough in 15 feet of water. Funniest damn thing I ever saw. I ended up fishing on water over the WPA, figured it wasn't worth the hasle of the owner coming out. Accidently ran over a half a dozen signs while out there though. owell
 

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barebackjack said:
If the land around the lake is private, and its posted, the lakeshore, and lake is posted.

If their is a public access point, than no, the lake is not posted. But, you have to be SURE its a public access point.

If one land area bordering the lake is not posted, than that chunk of shoreline is huntable. I wouldnt press my luck any further. Id ask. Its really easy to ask, all you have to do is dial a phone or knock on a door.
About nails it.
 

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R y a n said:
barebackjack said:
If the land around the lake is private, and its posted, the lakeshore, and lake is posted.

If their is a public access point, than no, the lake is not posted. But, you have to be SURE its a public access point.

If one land area bordering the lake is not posted, than that chunk of shoreline is huntable. I wouldnt press my luck any further.
There is another consideration too that hasn't been discussed.

I believe there is additional law that talks about a lakes meander line.

If the lake has gone down below the meander line, and a strip of land adjacent to a road has opened up, you can use that public right of way land to access the lake. You can then hunt the water anywhere, as long as you are legally anchored (this refers to ND law only mind you).

This is the same law that ice fisherman use to access a lake, withouth infringing on the landowners property.

Correct me if I'm wrong?
Thats pretty much how I interpret the meander line as well. I left it out for simplicity sake.

We have a "lake" (for you MN boys-a large slough for us locals), that is bordered on ALL sides by private posted land (half ours, half anothers), access is strongly controlled and enforced, you wouldnt believe how many people out there think that lake (large slough) is fair game just because of its size.

A "lake" is no different than a pothole, if the land around is private and posted, than its off limits unless you ask. Pretty simple.
 

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What happens if there is a flooded road that runs into a slough/lake that is all privately owned. is it legal to put in off the road right-of-way and fun the water?
 

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jpallen14 said:
What happens if there is a flooded road that runs into a slough/lake that is all privately owned. is it legal to put in off the road right-of-way and fun the water?
Now thats a good question. How do you fun the water? :lol:

But seriously, good question. I would say no. But I have no idea.
 

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Many States are different.In SoDak,if its a meandered lake(originally surveyed and then determined to be 'permanent'water),you can hunt/fish it if you have public access.On dry land as well if below the 'high water'mark.(note:this is often disputed and you may end up in court.Also,some COs differ on interpretation and enforcement)If no public access=no access.
If not meandered,you can't.
When in doubt,you'd better ask.Trespass is serious in terms of your future rights of hunting and fishing-in many States that are part of the 'compact'.
 

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I can depend. Many "lakes" in ND are actually impondments constructed by the county, state or federal government. Some of these impondments may have a small strip of land around them owned by one of those same entities. As a general rule there is some type of public access on these lakes. In many cases the adjacent land owner is granted the right to use a portion of that land but cannot restrict access to it. Thes areas are generally pretty well marked if owned by the feds (Army Corp of Engineers) but may not be marked by the state or county. I think there may also be something in the law about navigable waters. I'm not sure how or if that would apply to large sloughs bordering a road but it would make many rivers.streams fair game.
 
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