Blake via Auable Lake Ski

[Skyclimber]

[/I] on the statement above on what once WAS and what is NOW.

I totally agree. As the rules have changed considerably over the years, from 15 years ago, when I started climbing as well. To where we had no problem crossing the Lakes, to include skiing to the Upper Lakes, parking up near the gate, parking at Round Mountain Trailhead, etc. Also the fact that we used to be able to go to the Boathouse enjoying the Lower Lakes and even that is off limits now.

I just don't understand why we are all of a sudden considered such "peons" at the AuSable Club? Guess money does buy something.

 

[Tom Rankin]

I heard that Lakes and streams can not be owned, even if they are surrounded by private property. Is this true? If so, then neither the ASR nor any other entity can prevent you from using them, frozen or not, if you can legally get to them.

 

[beverly]

I heard that Lakes and streams can not be owned, even if they are surrounded by private property. Is this true? If so, then neither the ASR nor any other entity can prevent you from using them, frozen or not, if you can legally get to them.

And what law school did you go to?


It's not true. What you may be referring to is a lawsuit from the 90's. A group of canoeists paddled the Moose River in a test case to prove that private landowners couldn't close navigable waters that ran through private property. There was a long history - rivers were considered to be public highways under common law. There is no title to running water, but the large landowners began to post their land, preventing access. The Court of Appeals ultimately ruled that the capacity for recreational use of a stream could define it's navigability and thus open it for public use. As a result, private landowners can't prevent canoers/kayakers from paddling on rivers/streams that run through private property.

I don't think they consider that part of the Ausable River a navigable river - at least I haven't seen canoers paddling up the East Branch of the Ausable to reach Lower Ausable Lake!

The AMR controls access and won't allow access to the Lake. Sad, but true

 

[Tom Rankin]

And what law school did you go to? ... (

None! Can you tell?

Oh well, thanks for setting me straight!