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<blockquote data-quote="espringers" data-source="post: 366018" data-attributes="member: 816"><p>oh boy... this again.... believe it or not, i think allen is completely correct. it is my understanding as well that the public has a right of way along all shorelines up to the ordinary high water mark of "navigable" waters in the state of north dakota. the term "navigable" is the issue here. i would have to look again. but, if i remember right, at statehood, there was a definitive list and that list has or can not be diminished as far as i know. and there are arguments to be made for other bodies also being navigable. what that means from a legal perspective is that you can stand on someone else's shoreline/beach below the ordinary high water mark and wet a line and not be trespassing. sorta mind blowing to think i could plop a lawn chair down in front of someone's million dollar home on devils lake and make a day of it. but, that's the state of the law as i understand it.</p><p></p><p>the trick, as was alluded to in the video, is accessing said beach without trespassing to get to it. which can be done by meandering down the shoreline from a point of public access or by watercraft of course.</p></blockquote><p></p>
[QUOTE="espringers, post: 366018, member: 816"] oh boy... this again.... believe it or not, i think allen is completely correct. it is my understanding as well that the public has a right of way along all shorelines up to the ordinary high water mark of "navigable" waters in the state of north dakota. the term "navigable" is the issue here. i would have to look again. but, if i remember right, at statehood, there was a definitive list and that list has or can not be diminished as far as i know. and there are arguments to be made for other bodies also being navigable. what that means from a legal perspective is that you can stand on someone else's shoreline/beach below the ordinary high water mark and wet a line and not be trespassing. sorta mind blowing to think i could plop a lawn chair down in front of someone's million dollar home on devils lake and make a day of it. but, that's the state of the law as i understand it. the trick, as was alluded to in the video, is accessing said beach without trespassing to get to it. which can be done by meandering down the shoreline from a point of public access or by watercraft of course. [/QUOTE]
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