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Angler's Lane
Graves Mill Shopping Center
Forest,
VA 24551
434-385-0200
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Opinion statement on 2011 Jackson River "North
South" case
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In February 2011 a suit was filed by the owners of North
South Development, who own the River’s Edge development across from Cliff View
golf course and a couple from Roanoke who bought one of the first lots at Rivers
Edge against three wade fishermen for illegal trespass of their property. The
fishermen had apparently accessed the property by fishing downstream from the
public landing at Smith Bridge. Originally criminal charges were brought but
dismissed. The Rivers Edge developers have since brought this civil suit against
three wade fishermen, although they have dropped the suit against one defendant,
a preacher.
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The landowners claim in the pleadings that they have King’s
grant property and on the surface appear to be hiding behind the issues of Kraft
v Burr, a 1996 case involving Jackson River fishing. There is considerable
doubt that the landowners in fact have King’s Grant claims to the river bottom
and the river itself. The case is important in the sense that if the
courts do not force a thorough search of the deeds, a ruling unfavorable for the
defendants could allow almost any landowners along the Jackson or other
navigable rivers to make spurious claims of King’s Grant land, eventually
privatizing the entire river. In the worst case they could keep people from
floating, float fishing and wade fishing the river for the section along which
they own land. Those who fish the Jackson River, or other navigable rivers where
King’s grant land is remotely an issue should pay close attention to this case.
While we have maintained good relations in the past with the folks at Cliff View
and have respected their requests not to wade on their property, we
believe they are vastly overreaching in their claims of King’s Grant and fishing
rights of the river itself. In June 2009 the head of the fisheries division of
VDGIF wrote the landowners stating as much. Anyone fishing the Jackson should
read this letter. We urge you to join us in assisting the defense fund for
defendants, who will encounter considerable legal expenses. See
http://www.virginiariversdefensefund.org where one can read the VDGIF letter,
the pleadings and details involving the case, and support the legal defense of
river rights for those wishing to float fish our navigable rivers.
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--Doug Lane,
Angler's Lane
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