Texas laws for fossil hunting in creeks

[Biomed Fossil]

I was wondering what the Texas law is for fossil hunting in a creek bed? I have been hunting in a creek and properties are fenced off above the creek. I have no interest in going onto the properties. I stay in the creek beds while I'm hunting. I just don't want to get myself in a pickle. I park near a bridge on the side of the road. This weekend I ran into a situation where the police came out to inspect why my car was there. Some of the people was understandably concerned since my car was there a couple of hours. Would it be a good idea to put a sign "fossil hunting" in my window to keep this type of thing from happening.  I don't want my car to be towed while I'm hunting for fossil's. lol.. 

[Fossildude19]

Your best bet is to always check with the local town/county officials -or local police to see what the local laws are. 

Looking for legal advice on the internet is like playing russian roulette.   

 

Advertising that you are away from your car may lead to theft or breakage. 

Maybe check with local land owners and ask for permission to park on or in front of their property. 

 

[JohnJ]

Well said, Tim.

 

16 minutes ago, Fossildude19 said:

Your best bet is to always check with the local town/county officials -or local police to see what the local laws are. 

Looking for legal advice on the internet is like playing russian roulette.   

 

Advertising that you are away from your car may lead to theft or breakage. 

Maybe check with local land owners and ask for permission to park on or in front of their property. 

 

 

[Herb]

in most states the land owner owns  the creek or river bed, if you walk on it you are trespassing . if you are floating in a  boat on a river or creek and don't get out to wade you are ok

[Shellseeker]

https://agrilife.org/texasaglaw/2014/05/13/public-right-of-use-for-texas-waterways/

" Under Texas law, the streambed and minerals underlying a navigable stream are the property of the State.  Conversely, the streambed and minerals underlying a non-navigable stream are the property of the private landowner.  It is important to note, however, that all water in a watercourse–whether navigable or not–is owned by the State of Texas. "

 

Sounds positive....same as Florida

[ClearLake]

See this thread for a good discussion of your question:

 

[Biomed Fossil]

Thank everyone for the information. Let me ask you this though.

If I stay close to the actual bridge would that be a trespassing issue? I am thinking since the road is actually above the bridge there is no way of trespassing. To get under the bridge I don't have to cross any fence or anything. It's only 3 steps from the road. That is why I picked this spot.

Also I agree about the sign in the car. I was just trying to think of a way to let people know why my car is parked on side of the road. I believe it was a person driving by that was concerned about the empty car.I was down in the creek for at least 2 hours so I can definitely see the concern. The police officer didn't say anything about the property owner calling in. There is quite a bit of rock beds around the bridge. So my thinking is get a sifter and see what I can find close by. I'm hoping to find some teeth if possible.

Thank everyone again for all your help you've been awesome.

[JohnJ]

Again, it is best that you research legal matters using the appropriate legal resources...not opinions on a public forum.  

 

[Biomed Fossil]

Fair enough..

Thank You..

[Mark Kmiecik]

21 hours ago, Shellseeker said:

Under Texas law, the streambed and minerals underlying a navigable stream are the property of the State.

From what I've seen, each state and each court has a different definition of "navigable". It sure would be nice if everyone got together and chose a common definition.

[Shellseeker]

1 hour ago, Mark Kmiecik said:

From what I've seen, each state and each court has a different definition of "navigable". It sure would be nice if everyone got together and chose a common definition.

Nice,  but would have almost no value to me. I have lived in 4 states in my lifetime, hunted in 2, and the ratio of hunting time in Florida and Texas is in excess 100000 to 1.

I am interested in Florida , and I am interested in macro questions and macro answers. (i.e. I do not care about high water/low water marks).

I know some things that are hard to figure out.  like the 400+ miles of Southwest Florida Water Management District for purpose of defining "navigable" is controlled by Florida Department of Environmental Protection (DEP) , Tampa , Florida. There is a person in the DEP whose judgement overrides Politicians, Judges, Sheriff offices, Fish & Wildlife, farmers, property owners, etc etc...

 

I want to know whether a waterway is "navigable" and un_encumbered with current permits. Fortunately it hard to get a permit to block public access on a navigable waterway. These are easy questions and easy answers.

 

Farmers do have a right to use "barbwire" fences across Florida navigable waterways for cattle control. However, there can not be a "No Trespassing" sign on the wire or fence". They must provide for easy kayak access... a "kayak gate".

 

I have requested/received a Florida DEP letter, granting public kayak access at one of my favorite hunting creeks. I only had to show it once.

 

Sometimes this becomes difficult, but it does not have to be. Me fighting over access rights is a mismatch. Fighting the Florida DEP for fossil access rights is painful for large corporations and wealthy landowners, as it should be.

Advice to other TFF members. Determine the rules and authorities in your specific hunting areas. Get to know the state agency that controls the definitions.

 

 

 

 

 

[Kane]

Topic moved to Questions and Answers. Forum Help & Suggestions is for forum features.