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Posted by Jim Lowry
on February 1, 2011, 4:16 pm, in reply to "Boundary Question ( High Water Mark )"
74.4.59.190
Some pepole this varies State to State; however, that is not true.
Please see the following links...
http://www.nauticalcharts.noaa.gov/staff/law_of_sea.html
http://www.nationalrivers.org/us-law-who-owns.htm
The next shows a State has power when the water IS NOT defined as a navigable waterway. For in Order for Federal maritime law to be in effect the water Must be a navigable waterway. However, here is the challenge... The Feds don't want to get involved with the States, so the Feds likely will look the other way UNTIL a Court tells them otherwise.
http://www.americanwhitewater.org/content/Wiki/stewardship:navigability
It would appear Your best course whould be to check State Laws and County Law in Regards to the signage REQUIRED to enforce Tresspassing. No Signs... Look at the Law for the words "must", "shall"... if there "must" be signage and that signage "shall be" 2 feet by 3 feet and "shall" include the State Statue Number... That is about the only way to fignt this this of charge... Just because a cop says it the law does not make it so...
--Previous Message--
: Hello All-
: So, it was a nice day yesterday and the tide
: was out up here in Boston Mass. We went for
: a walk and were walking along the shoreline
: out onto one of the Penninsula's that leads
: to a small island of land that the City of
: Boston owns. Mind you we were well below the
: high water mark walking in the tidal zone.
: The police showed up along the road and with
: PA intercom and asked us what we were doing?
: We said exercising. They asked us to leave
: and I declared that I was well within my
: rights to be where I was standing. They
: said, I was tresspassing.. I told them, the
: City of Boston owns up to the high water
: mark.. Anything below that is international
: waters. This is the way, I always heard it
: was.. So, when, we got back to the car at
: the public parking lot my wife and I were
: arrested for tresspassing and the car was
: towed ( from a public parking lot ) Now, I
: have gone looking for something on the web
: as to an article or law and cant find
: anything.. Do, you know what the law is and
: if you can post a link, it would be greatly
: appreciated. A little help, please. Thank
: you
:
: btw, I plan on hiring a lawyer, but want
: some answers now if possible. This happened
: yesterday
:
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