Another river rights case; but, now in civil court in Virginia
For those not aware of the issue on the Jackson River in Virginia there are a few property owners that have "Crown Grants" dating back to King Georges time and the VA Supreme Court upheld that issue starting back about 1990 if I remember correctly. The latest case concerns trepassing issues overturned in a lower court but now refiled in a civil court. You can access many writings on the subject if you do a search using wording such as: Crown Grants on the Jackson River in Virginia or any variation thereof. There's been a defense fund set up for the remaining two defendants of the original three that were charged. As I understand the various articles on this current subject, the landowners/developers claim to have a King's Grant to the river bottom etc.; but, so far nobody seems to be able to find any for this particular piece of property and the landowner refuses to show anyone the proof. This is a very contentious case that hasn't been yet set for a court hearing and could set a precedent for this type of action. The below listed site is one of many referring to the case.
Murky waters on the Jackson River - Roanoke.com
www.roanoke.com/news/roanoke/wb/294660Cached
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Jul 31, 2011 ? The Jackson River is again the center of an access fight between ... lead to the privatization of vast sections of the Jackson and other Virginia rivers? ... pay taxes on the river bottom, and whether they have crown grants or not, ...
That's a point worth making ...
Quote:
Originally Posted by
Utah David
...The point here is really just to consider the feelings and attitude of the land owner(s) as though it was your land. Speaking for myself... If I had a "Blue Ribbon" trout stream running through my property, I would restrict access to it as well. But if someone showed me the courtesy of asking permission, and followed up with real expressions of gratitude for allowing them access. They'd likely be welcome anytime...
... and thanks for making it.
A lot of landowners are not so much opposed to having people cross their land for stream access, they mostly want to know who is there and what they are up to.
John