Protecting the Rights and privacy for Landowners Along the Delaware River
Join us in preserving nature and landowners rights
Protecting the Rights and privacy for Landowners Along the Delaware River
Join us in preserving nature and landowners rights
Join us in preserving nature and landowners rights
Join us in preserving nature and landowners rights
At Riverland Defense and Unity Foundation, our mission is to protect and preserve the natural habitats of the Delaware River from exploitation and protect landowners rights along the upper Delaware River. The commercial guide services has increased dramatically over the recent years. This has led to the destruction of privacy of landowners, the erosion of property rights and property values, and the degradation of the peaceful tranquility of the River and surrounding area. The DEC and commercial guide services are trying to intimidate landowners of their rights for their own exploitation, with no regards of the property rights or privacy of landowners. The River is navigable in fact for navigation only, Does NOT include the right for fishing ,anchoring or wading on private properties, Under New York State law , (1997 New York State Supreme Court decision) the beds and banks of a river is subject to private ownership, regardless of its navigability We strive to educate the people along the river of their rights to protect their privacy and value
The NYS DEC has been trying get around this for years now with no legal advise or no legislation. The Facts are , landowners along the Upper Delaware River own to center of the main channel of the River. In 1708 , April 20th, the Queen Anne granted Johannes Hardenbergh 2 million acres in Ulster,Greene,Orange,Sullivan and Delaware Counties in New York State, known as the Hardenbergh Patent. The Grant included Ownership of the beds, banks and the fishing rights of the Rivers which past down to the the Grantees of the property. In 1997 this was challenged on the Salmon River ( who's patent is identical to the Hardenbergh patent ) and NYS Supreme Court ruled in favor of the landowner upon the grants from England that the beds and the banks and the fishing right belong to the land owner. The DEC knows this , even before this 1997 ruling ,thats why the DEC was buying fishing rights years ago along the Rivers. They put up yellow signs every year (public fishing rights) where they purchased them. Now they are saying if its not in your deed it might not be private ,That's not true, it was taken out of alot of deeds because of tax reasons when NYC built the Reservoirs because of riparian rights , the beds and banks of the river still belong to the landowner. You have to go through Legislation to remove property from a deed , which never happened. Don't be intimidated by these attempts by the DEC , commercial guide services and fisherman to encroach on your property and privacy for their own exploitation. The DEC has NO legal advise or proof of legislation for this. If this out of control exploitation and degradation on the Upper Delaware River is invading your privacy , creating a nuisance or causing trespassing problems, tell them to move on. Know you rights
A person in a vessel has a right of passage on a navigable waterway, even if the bed of the waterway is privately owned. A waterway is navigable if it is capable, in its natural state and ordinary volume of water, of transporting, in a condition fit for market, of floating logs or manufactured or agricultural goods to market. Where obstacles exist , the right to public navigation authorizes a boater to get out of the vessel and walk alongside the boat to get around such obstacles, or to portage around such obstacles, even over private property above the mean high water mark, so long as the portage is by the most direct and least intrusive safe route possible. The right to navigation does not otherwise authorize the public to go on private land even for access to or egress from a navigable waterway. A 1997 ruling of the New York State Court of Appeals indicates that the public right to navigation does not include the right to walk on the bed of a waterway to fish, or to anchor for the purpose of fishing where the bed of the waterway is privately-owned; or to fish while navigating through privately-owned waters The facts, New York State High Courts are the final arbiters for the States constitutional laws not Federal. 1997 ruling was decided by the New York State Court of Appeals. DEC is well aware of these private fishing rights years ago, they were buying fishing rights along the Beaverkill ,Willowimoc, and the East Branch of the Delaware river from landowners. They put up yellow signs (PUBLIC FISHING RIGHTS) where they purchased them, If their is no yellow signs along the river saying public fishing right , its NOT public fishing . We are not trying to stop fishing or any other recreation on the river just want some respect from this over whelming exploitation of commercial guides and fisherman for are privacy on the land we own and pay high taxes on.
Your contributions help protect landowners rights and privacy from exploitation along the Upper Delaware River. Join us in making a difference.
Hancock N.Y.
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