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Discussion Starter · #1 ·
Does anyone know the laws as far as hunting geese in the marsh? Does the state own the land? Is it trespassing? I am wanting to hunt around the Chocolate Bay area, but dont want to break any laws...
 

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More There than here..Gone fishin....
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DEPENDS ON THE AREA....Lots of private land there, but if its not posted.. go for it
 

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DEPENDS ON THE AREA....Lots of private land there, but if its not posted.. go for it
No offense Ox but this is terrible advice. Talk to some GWs in your area. Alot of that area around chocolate is HBR land and um...well just do a search on Hall's Bayou Ranch
 

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Discussion Starter · #4 ·
Game warden's advice

I just got off the phone with a Game Warden out of Freeport, and he told me that 99% of the marsh is owned by someone. He told me that even if you are hunting in the bayou (Halls is where we were talking about), someone owns the land and is paying taxes on the property even uner the water. You can hunt out of your boat in the water, but if you get out of the boat (wading setting out decoys) the landowner can file on you for trespassing - then it would be up to the judge. I thought that was strange - and asked "what about wade fishing". He said most of the people that own the land and lease it for hunting dont really worry about the fishing - they make their money from the hunting...

my conclusion - it's not that easy without mucho $$$ to go out with your son and dog and hunt like my Grandpa used to (in that area anyway). My Grandpa used to hunt all that marsh land around Halls for something like 25 cents a day.
 

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fish control my brain
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The land to the east is privatly owned, and they frown on people tresspassing

There is a private club to the est of Hall Bayou, but to the west of the bayou to is the other land owner.

GW is aware of the issue on tresspassing in the area, and the FEDS are aware of the hunting on the refuge side, the west side of Chocolate.

they are just waiting on the right opportunity to get them.

You can hun not much further from there, on the south side of the ICW from Chocoate to the west. It's refuge land but open to pibilc hunting, also Christmas Point area in christmas Bay
 

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How?

How can anyone own land that is under public water? You can float above it, but if your foot touches bottom you are tresspassing? Ridiculous! If the game wardens are saying than than the government in Texas has really lost it's mind. It seems that all of our game laws are there for one purpose....to protect the land owner and their ability to generate revenue from selling hunts on their property. No offense to the wardens. They are just doing their jobs.
 

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Discussion Starter · #7 ·
How can anyone own land that is under public water? You can float above it, but if your foot touches bottom you are tresspassing? Ridiculous! If the game wardens are saying than than the government in Texas has really lost it's mind. It seems that all of our game laws are there for one purpose....to protect the land owner and their ability to generate revenue from selling hunts on their property. No offense to the wardens. They are just doing their jobs.
The game warden I spoke to told me the law - but it seemed he didn't really agree with it - I am sure he would enforce it though since it is his job to do so...
 

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You also cannot shoot over private property.

Ex: if your pellets land on private property you are breaking the law.
 

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It is simple. The land was purchased before the ICW was dredged and has become submerged after the fact. This isnt state law it is in the Bill Of Rights.
 

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Discussion Starter · #10 ·
But...

It is simple. The land was purchased before the ICW was dredged and has become submerged after the fact. This isnt state law it is in the Bill Of Rights.
The bayou wasn't dredged...it was there when the Caranchuas hunted and fished it...not trying to be a smart arse - just kind of strange that if I am wading the bayou (which I have done on some of the mudflats) I am trespassing...
 

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I guess you could always buy that good camo to conceal yourself and use a slingshot- the land owners would never suspect your hunting, but birdwatching. Just sayin...
 

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natural creeks and bayous are part of the landowners land

unless they are "navigable" which is a legal art term...just because you can get a little boat in there doesnt mean navigable.. I don't have the definition handy, but the General Land Office knows where the state owns and where the landowner owns.
 

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There are a few Texas AG opinions out there that support the publics right to use this property, but fact number one is that all land below the fast bank (line of demarcation, uplands) may be used by the public for legal recreation.

Fact number two is that this is going to be hard to prove.

Texas Parks and Wildlife and your country JP are biased in favor of landowners "rights" and think nothing of denying you your right as a member of the public to enjoy access to these lands.

The fact is, if you buck these guys now, you might win, but it will be costly.

Resources are being marshalled, though, to reclaim the rightful public access to some of these lands. Former GLO attorneys, surveyors, etc. It's often difficult to fight wealthy landowners. It becomes more difficult when governmental entities are supporting them, at the public's expense. However it will be the more satisfying when it is done.
 

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My guess is, if you pay taxes on that land, you would expect it to be consider yours.

Big brother wants their peice of the pie, $$$$, and the more land you have the more money they get
 

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unless they are "navigable" which is a legal art term...just because you can get a little boat in there doesnt mean navigable.. I don't have the definition handy, but the General Land Office knows where the state owns and where the landowner owns.
Wrong. if you can get a boat in there it is navigable "in fact". even if you can't it may be navigable "in statute" or in accordance with a width at the mouth, etc.
 

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my conclusion - it's not that easy without mucho $$$ to go out with your son and dog and hunt like my Grandpa used to (in that area anyway). My Grandpa used to hunt all that marsh land around Halls for something like 25 cents a day.
yeah, we used to get quail huntin' invites to big ranches in LaSalle and Webb Co. because my uncles and father ran dozers on them back in the early '50s. those invites stopped about '72.
my maternal Grandfather hunted in and around Camp Bullis(NWSA) back then, too. he shot a couple of monster WT.
no more.
 

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I have CRS right now,but down in Wennie (can't remember the name) You can pay like 15 or 20 bucks. You have to get there the night before they only let a certain amount of people in.
 

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Exactly my point

"Texas Parks and Wildlife and your country JP are biased in favor of landowners "rights" and think nothing of denying you your right as a member of the public to enjoy access to these lands."

I have no personal interest in this area. I hunt Anahuac NWR almost exclusively. I just wanted to make the point that the attitude of our government has changed. As the "business" of hunting grows, our right to hunt public land seems to be withering away.

I can understand how land that was submerged as a result of dredging could still be private property. That said, it would seem like it would be the landowners responsibility to post the boundary of their property so that a citizen doesn't unknowingly trespass. It just doesn't seem right that a hunter could launch at a public ramp, run into the marsh, pitch out a few decoys ad be arrested if he happened to touch bottom.

"It is simple. The land was purchased before the ICW was dredged and has become submerged after the fact. This isnt state law it is in the Bill Of Rights."

If they indeed own the land, why can't they fence it and restrict access? why aren't they required to post it as privat property? I guess it isn't that simple....
 

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goose hunting

the state own allthe land under the water of the bay complex at chocolate bayou and the law is your allowed too hunt and stand in the water or tidal marsh as long as the tide can fill up the grass you are hunting in you are legal but there are places in chocolate bayou thet i owned and private property but as long as you are in the water or hunting the marsh that is considered tidal water youare leagl now if you head down towards the bass drop area the laws change alligator lake and salt lake are own federaly and you can only hunt there out of the boat but there are places there in bass drop you can hunt and walk accross the property too get too the ponds too hunt and you can hunt off the property or standi8ng in the watet just call me if you have any questions i have talked too the state gamewarden that is around in the area and gave me a map of whats legal and not you can look it up if you go too brazoria wild life refuge public hunting property and google it and you should be able too find a map showing where you can hunt rather its in a boat or in the water my cell is 832 226 3716 i can show you around the bay if you would like
 

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the state own allthe land under the water of the bay complex at chocolate bayou and the law is your allowed too hunt and stand in the water or tidal marsh as long as the tide can fill up the grass you are hunting in you are legal but there are places in chocolate bayou thet i owned and private property but as long as you are in the water or hunting the marsh that is considered tidal water youare leagl now if you head down towards the bass drop area the laws change alligator lake and salt lake are own federaly and you can only hunt there out of the boat but there are places there in bass drop you can hunt and walk accross the property too get too the ponds too hunt and you can hunt off the property or standi8ng in the watet just call me if you have any questions i have talked too the state gamewarden that is around in the area and gave me a map of whats legal and not you can look it up if you go too brazoria wild life refuge public hunting property and google it and you should be able too find a map showing where you can hunt rather its in a boat or in the water my cell is 832 226 3716 i can show you around the bay if you would like
I just got a headache
 
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