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Old 02-02-2018, 10:49 AM   #108
dundee
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Join Date: Aug 2005
Posts: 1,527
Quote:
Originally Posted by JohnnyVirgil View Post
This might be a little off topic, but how do the Whitneys get away with gating off portions of forked lake?
This is a gray area. If you were to pass thru the gate, you'd end up in a dead-end section of Forked Lake that is surrounded by more Whitney land. You wouldn't, AFAIK, be able to paddle thru to another stream or pond that is "navigable" (there's that term again) and you'd be crossing their property.

Also, AFAIK, there is no title to running water. Is the upper part of Forked Lake, running? IDK. If you started at the state campground, on forest Preserve land, there are those that would argue that you'd have a right to paddle on all the water you want, as long as you don't get out of the canoe.

It's all about what is considered "navigable".

The Native Americans had it right, no one owns the land.
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