Subject: [Tweeters] Reecer Creek Warning
Date: Jun 28 18:15:51 2007
From: Kelly McAllister - mcallisters4 at comcast.net
I'm glad Roger Leed posted his perspective on entry on private land. What I
was reading here didn't ring true to me. I know of plenty of private land
where pedestrian traffic, for a variety of purposes, is not discouraged.
This includes the Weyerhaeuser Vail Tree Farm here in Thurston County. Then
there are land trust lands like those of the Nisqually Land Trust and, as
far as I know, Capitol Land Trust. The checkerboard situation that Jim Flynn
describes isn't unique to areas with Forest Service ownership. Consider the
land grant that gave Washington State sections 16 and 36 in most townships
of the state to provide revenue for schools. I think every county in
Washington has some of these square mile blocks of State DNR land and you
can bet you won't find signs along the imaginary lines that form their
borders.
On the other hand, consider the legal ball of jute involved with determining
who owns or controls the substrate or even surface water of almost any small
stream in the state. Is it O.K. if you are floating on the surface in a
raft? What about if you are wading with your feet firmly planted on the
bottom? What if it's navigable? What if it's not navigable? Do birders
believe they are legal when they're afloat, no matter where they are (a
purposeful effort to make this post seem like it applies to birds and
birding)?
To some extent, you use your best judgement and take your chances. The law
isn't always entirely clear or necessarily relevant when facing someone who
thinks they control the land you're on.
Kelly McAllister
Olympia, Washington