# Airboats - Some Folks have Nerve



## aggiephil30 (Aug 7, 2009)

Nice Teal hunt over the weekend early limit and tons of birds. 
Now for the rant :hairout:.
Brushed up three blinds a week ago and we head out at early to hunt. Get to the blind at 5:20 on Sunday am to find two guys sitting on our blind. Asked them if they were going to hunt "our" blind and they say "yes sir" like its the right thing to say. Now for the particulars...this is a private lease , a saltwater marsh bordered on 2 sides by water. You cannot get the blinds without crossing over "private" land no matter how high the tides are, and consistantly there are people in airboats coming over to hunt our blinds. A couple of birds is not enough to justify shooting someone but you find yourself getting pretty ****** off first thing in the am.


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## coogerpop (Sep 3, 2009)

If you have to cross private land to enter,then you have to cross it to leave....contact the warden and the minute they set foot on your POSTED land,arrest and press charges...in the mean time you might park your boat next to your blind on your PRIVATE AND POSTED land.....


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## Rack Ranch (May 25, 2004)

Do a forum search on Airboats... you will have some fun reading...Walker


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## Mojo281 (Sep 7, 2006)

Give notice to the gentlemen and call the GW... it's that simple!!!


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## tokavi (May 6, 2006)

Simple fix; Park your boat in the decoys, get out walk over to the blind and tell them to move over your hunting there also. Sit down pull out the cell phone and call the game warden. Explain the situation to him while they are in the blind. The problem will be resolved one way or another!


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## ROBOWADER (May 22, 2004)

So how did it end up, did they leave, give you a hard time or what????


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## El Capitan de No Fish (Sep 20, 2007)

Unfortunately, our beloved past times(hunting and fishing), have a pretty high percentage of inconsiderate bumpkins you have to deal with from time to time.
Do like the others said, hang tight and call the GW.


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## justinsfa (Mar 28, 2009)

I guess I am missing something here.... If its a private lease, and the blind is no way accessible by water, then how would they NOT be trespassing.... even when they are in the blind?


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## Rack Ranch (May 25, 2004)

I don't understand why everyone is saying call the Warden??? What law have they broken??? They are entering thru public waters by way of airboat and while this is a ''private'' lease it sounds to me like they are hunting on a public ''saltwater marsh'' that has private land on both sides. If this is the case then there is nothing you can legally do...Walker


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## JJGold1 (May 6, 2010)

..............



Rack Ranch said:


> They are entering thru public waters by way of airboat and while this is a ''private'' lease it sounds to me like they are hunting on a public ''saltwater marsh'' that has private land on both sides. If this is the case then there is nothing you can legally do...Walker





aggiephil30 said:


> *You cannot get the blinds without crossing over "private" land no matter how high the tides are*, and consistantly there are people in airboats coming over to hunt our blinds. .


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## Rack Ranch (May 25, 2004)

Then how are the people in airboats getting there????


JJGold said:


> ..............


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## Fishin-Inc (May 27, 2004)

*LMAO*

Probably by helicopter!

It really doesn't matter they were trespassing


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## texwake (Aug 17, 2010)

I think what they are doing is probably legal. If there is no other way for them to get to thoes hunting grounds then they have "right of way" to go though someone elses property. Dont quote me on this becasue I am no way a lawyer I just had some business law in the past.


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## trim change (Apr 29, 2005)

we had the same problem several years ago, the game warden really cannot do anthing, but the sheriff can. The way the law is, they can come in by boat since the water is public, but the minute they or their dog touches the bottom they are trespassing. We had the gw do us a favor and go talk to the guys about the law and trespassing and it resolved the issue. If this is not and option get their tx#s off the boat and call the sheriff, since it is impossible for them to pick ducks and decoys without getting on your property.


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## Mojo281 (Sep 7, 2006)

*This may help....*

Texas Penal Code 30.05 - Criminal Trespass

http://www.tpwd.state.tx.us/publica...sues/rivers/navigation/riddell/trespass.phtml

Seems that it is a landowners responsibilty to give notice to the general public that the land in question is private.... I think that there is a huge "gray area" involving criminal trespass in Texas and it's often up to law interpretation by the governing county.


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## kweber (Sep 20, 2005)

is the blind on public or private property?


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## Reel G (Aug 20, 2010)

The tides were pretty high this weekend. That private land might have had public water on it????


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## Mojo281 (Sep 7, 2006)

kweber said:


> is the blind on public or private property?


Depends on if the marsh in question is above or below the mean high tide line of the Gulf of Mexico. If it's below the mean high tide line then it's public...


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## Slimshady (Jan 11, 2005)

Airboats? It boils down to hunters using a blind thats not theirs. They just happen to be in a airboat. Common courtesy would have been to move somewhere else, but that seems to becoming a thing of the past. This happens up and down the coast regarless of location. I feel partial ownership towards blinds I've built and especially brushed days before. No control if I'm not there though. I've also hunted other blinds but waited long enough in the morning to tell if someone was hunting it. If its a land locked water hole, I'd have made a call.


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## fishnstringer (Oct 20, 2006)

*aggiephil30,*

You need to make sure the land you are talking about, and using, is private by getting the "owner" or lessor to prove it to you. Then post signs stating it is private property and no trespassing is allowed. I personally hate the law requiring such a posting being necessary, but I think the need for it really applies in a case like this. They probably are on public water in getting to your blind by boat, but as has been said, they are are on private property when in the blind, due to it touching the land, or when they are walking on the land to get to the boat, or any downed ducks. The sheriff probably will not do anything unless the proper signage is posted. If I were you I would talk with the local GW and sheriff about the problem, and then follow their advice to the tee. Better luck next time.:cheers:


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## TXDRAKE (Jun 24, 2004)

I am not saying what they did is right, but if you build a blind on public water then you always take that chance of someone being in it the morning you want to hunt it and doesn't matter how they got there as the hunt in that blind is ruined either way (Call the law or not). Your best bet is to either build your blind on that private land or don't build a blind at all and hunt the natural cover on that private land (get ya some buckets or milk crates and sit in the grass). 

Hunting in the natural cover while sitting on a bucket or milk crate has alot of advantages over hunting in the blind anyway but, you will have to give up the creature comfort of a nice dry bench to sit on. Small price to pay for a great hunt in my opinion and you also don't really have to worry about someone getting to your blind before ya!

Either way good luck to ya and sorry to hear of your misfortune.


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## elpistolero45 (May 9, 2010)

when we put blinds up in Aransas bay near St. Joe Island, we always used to put up 3 or 4 blinds because... IT'S PUBLIC WATER. and If some JackHeiney wandered up into your blind due to being disoriented by wind, water or some substance... we always had another back up blind or two to use based on wind direction. Besides... we usually beat the "TU-DS out to the blinds but we usually saw the same POTLICKERS crawling out of our unused ones.... so when I grew into an unruly teen, I would usually saw a bit on the posts and loop a 50 yd cable around the legs of a couple of the blinds with a crab float on the end.. I just loved motoring over and taking 3 turns on a stern cleat and a running start with a wide turn later... a half dozen hunters in the water with wet gear... usually my last weekend to hunt... in that boat..LOL Oh.. Public land is Public Land.. If you don't want somebody in YOUR blind... drive it there every morning and Camo it up after you set your Deeks up.

Just my 2 cents.


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## CoastalOutfitters (Aug 20, 2004)

elpistolero45 said:


> when we put blinds up in Aransas bay near St. Joe Island, we always used to put up 3 or 4 blinds because... IT'S PUBLIC WATER. and If some JackHeiney wandered up into your blind due to being disoriented by wind, water or some substance... we always had another back up blind or two to use based on wind direction. Besides... we usually beat the "TU-DS out to the blinds but we usually saw the same POTLICKERS crawling out of our unused ones.... *so when I grew into an unruly teen, I would usually saw a bit on the posts and loop a 50 yd cable around the legs of a couple of the blinds with a crab float on the end.. I just loved motoring over and taking 3 turns on a stern cleat and a running start with a wide turn later... a half dozen hunters in the water with wet gear... usually my last weekend to hunt... in that boat..LOL Oh..* Public land is Public Land.. If you don't want somebody in YOUR blind... drive it there every morning and Camo it up after you set your Deeks up.
> 
> Just my 2 cents.


you just pegged the bul****ometer with that one


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## justinsfa (Mar 28, 2009)

CoastalOutfitters said:


> you just pegged the bul****ometer with that one


X2... you wouldnt have made it out of your teens with moves like that... at least not without a few holes in ya.... haha


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## Levelwind (Apr 15, 2005)

aggiephil30 said:


> Nice Teal hunt over the weekend early limit and tons of birds.
> Now for the rant :hairout:.
> Brushed up three blinds a week ago and we head out at early to hunt. Get to the blind at 5:20 on Sunday am to find two guys sitting on our blind. Asked them if they were going to hunt "our" blind and they say "yes sir" like its the right thing to say. Now for the particulars...this is a private lease , a saltwater marsh bordered on 2 sides by water. You cannot get the blinds without crossing over "private" land no matter how high the tides are, and consistantly there are people in airboats coming over to hunt our blinds. A couple of birds is not enough to justify shooting someone but you find yourself getting pretty ****** off first thing in the am.


Sorry you leased a piece of salt marsh. It's probably public. But heck you shot more teal than I did this weekend!

Why do you put "our" blind in parens, and also "private" land? I have a hunch it's cause you didn't build the blinds - maybe the airboat guys did.

I advise reading up A LOT on public lands, submerged public lands, submerged private lands, including the Natural Resources code, the Parks and Wildlife code, the Criminal Code (trespass) and all the Attorney General opinions you can find before you start squawking. Landowners, Game Wardens, and other hunters are the WORST people to believe on these matters.

For instance, if the "private lands" you refer to are routinely covered by the tides, the public probably has a right to access.


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## Hogheaven (May 25, 2004)

This is not an airboat issue. If this is private land then it is a trespassing issue. If the airboat crossed over land...its trespassing just as walking or driving over land. 
Care to show a google maps of the place?

were not talking Halls Bayou again are we?lol.


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## TNC (Jul 31, 2010)

From what a GW told me and a buddy personally as long as you are in atleast 12 inches of water walking you are not tresspassing but as soon as you get ankle deep or on dry land that is tresspassing. In boats as long as you are floating you are not tresspassing. Just went through this gigging flounder...totally different situation but same principles... my buddy was on dry land and i was knee deep and he said technically he could have gave my buddy a tresspassing ticket but i was alright where i was... dont really understand it but for anyone who builds a blind in saltwater is asking for someone else to hunt it... if this is halls bayou area they dont play around lol...


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## sotx23 (May 4, 2010)

I have heard of situations like this before and I think each case is different depnding on the when/how/who the land was purchased. For example- Many places that are in the mean tide zone are considered PUBLIC land- However some land that is in the mean tide has been "grandfathered" in at some point and can be considered tresspassing. I am no expert on this matter....for sure! I would call you local GW to get to the bottom of it. We can argue about it for weeks on here.


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## fin&feather (Jun 24, 2008)

Not sure the exact layout here but one area comes to mind when reading this story. There is a spot in the marsh that is levied and the land owner leases out the land to hunters and normal boaters including mud boats couldn't make it over the levee however an airboat that had a captain with just enough loose screws could. Now I'm not sure if this is why airboaters are singled out but as a guess I'm thinking so and id have to say that id agree with pushing the issue with local authorities. Not that this fixes the constant ongoing problem but it gets the word out if it happens enough.


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## sweenyite (Feb 22, 2009)

Arrrrgh, matey... dead men tell no tales....


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## Rack Ranch (May 25, 2004)

Come on aggiephil30...You brought it up now give us some more details so we can all tell you what you did write or wrong and how you should do it next time LOL..Walker


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## Marshman (Jul 24, 2008)

I have seen this in LA before. And it is specific to airboats. Heres the deal:

Landowner has a levy around( all the way around ) the marsh. Leases it to hunters, each one pays a specific amount to hunt a certain blind there. Access is normally thru a landing or boat ramp the landowner installed inside the dike.

Airboat can scale the dike. Airboat owner says that since it is brackish water in the impoundment, it is public water. Problem for the airboat owner ( who was wrong btw, LA laws are specific ) is he had to cross the dike to get there AND LA law says the bottom of the marsh, even is the water is public, belongs to the landowner. So if you anchor, walk or touch the bottom, trespass is the result.

Texas law is a little different, if the OP could specify whether the marsh in question is in an impoundment, that might make it clearer..... or not.


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## fcgibson (Jul 26, 2010)

if the tide was high then them driving a boat across the property is legal... however, if their anchor touches the bottom, decoy weights touch the bottom, dog runs across the water, its all trespassing. And since they were sitting in a blind and not in the boat, ITS TRESPASSING. TPWD cleared up this gray area a few years ago. People were hunting high tides and flooded river bottoms when the ground below them was private. If they hunt out of a boat and nothing ever touches the ground, then yes its public. However, if an anyway they or their personal property touches the ground its immediately trespassing. Technically i guess you could hunt out of a boat with a dog and never touch ground, but its a little tuff for dekes to never touch bottom.... good luck. I would call the law next time and put a big *** lock on the blind door


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## Levelwind (Apr 15, 2005)

Too much misinformation here to believe. Almost every post is inaccurate. 
In a nutshell if the blinds are within 3 marine leagues of the gulf and are and the land is regularly covered by tides it's public. The water and the bottom. UNLESS 
It is private submerged property which was dry land but has been dredged, or otherwise disturbed by man which has caused it to flood. IF this is the case, according to Texas AG, it is UNSETTLED whether a person standing on the bottom is trespassing. If it's decoys weights, boat anchor etc. definitely NOT trespass. 

Submerged private property must be marked according to statute to qualify as far as trespassing is concerned, but you cannot hunt over submerged private property by Texas law the landowners buddies got passed. Now they want to pretend every piece of salt marsh on the coast is submerged private property. 

Like I said, you got to read a lot of laws. GWs are the LAST people to ask. They don't want problems with wealthy landowners and neither do their bosses. 

Respect private property but know your rights.


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## fcgibson (Jul 26, 2010)

Levelwind said:


> Too much misinformation here to believe. Almost every post is inaccurate.
> In a nutshell if the blinds are within 3 marine leagues of the gulf and are and the land is regularly covered by tides it's public. The water and the bottom. UNLESS
> It is private submerged property which was dry land but has been dredged, or otherwise disturbed by man which has caused it to flood. IF this is the case, according to Texas AG, it is UNSETTLED whether a person standing on the bottom is trespassing. If it's decoys weights, boat anchor etc. definitely NOT trespass.
> 
> ...


where is the law about blinds being three marine leagues away??? Ive never heard of this before.


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## Levelwind (Apr 15, 2005)

It's buried in the Texas Natural Resource Code. I think it's called the coastal zone boundary or something like that. The upshot is that all tidal lands belong to the state with the caveat that they are within about 10.5 ms of the coast. Beyond that they may be owned by private landowners. It's important for taxing reasons.


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## jlh (Mar 15, 2006)

*hunt*

then that means all of the land along the intercostal canal between high island and roll over is public. I know that is wrong for that area got busted was able to talk out of it but wouldnt be able to next time and some is right thier is a law about tides and land under the water best thing to do is ask game warden because you can be cited for harassing a hunter so be careful


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## spurgersalty (Jun 29, 2010)

Dislexia is a mother...... original post said even in the highest tides its still unpassable by boat. that means a "boat"cannot float. So by ya'lls responses an air"boat" is legal even though it crossed Private land( land I say land) and wound up in supposedly public water that made it into the area 1/2" deep years at a time? Come on, they crossed land to get there, they didn't watch the water and follow it. Everybody knows the shortest distance between two points is a straight line. Especially when it comes to duck hunting. Contact local LEOs. If you spent the cash they should pay as well. Be it in fines or some other way. There's no question of legality here quit arguing it!:headknock


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## aggiephil30 (Aug 7, 2009)

*No more info to give*

Sorry for not keeping up with this post, after two days and two replies I didnt look again till today. 
I guess I was just making the point that it can be frustrating dealing with some knuckleheads more than anything else. When the law starts getting involved sometimes things can get ugly. I mean realistically do you want to start a war over a few duck blinds. I have no idea who is right or wrong but it takes some nerve to show up and hunt a blind that you put no work into, if it were a Tue morning that is one thing but a weekend is a whole different matter. 
Besides do you really want to give up a couple days of actually hunting to wait on a deputy to show up and maybe write a ticket?
Appreciate the replies and like any other subject there are more than one opinion. My last thought is to give all the blinds out there a viking funeral and hunt natural cover. If those visitors are so interested in hunting there then let them put do their fair share of the work.
As far as tidal marsh vs private land I think the last tide that actually flooded the place was hurricane Rita.


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## sea sick (Feb 9, 2006)

aggiephil30 said:


> Sorry for not keeping up with this post, after two days and two replies I didnt look again till today.
> I guess I was just making the point that it can be frustrating dealing with some knuckleheads more than anything else. When the law starts getting involved sometimes things can get ugly. I mean realistically do you want to start a war over a few duck blinds. I have no idea who is right or wrong but it takes some nerve to show up and hunt a blind that you put no work into, if it were a Tue morning that is one thing but a weekend is a whole different matter.
> Besides do you really want to give up a couple days of actually hunting to wait on a deputy to show up and maybe write a ticket?
> Appreciate the replies and like any other subject there are more than one opinion. My last thought is to give all the blinds out there a viking funeral and hunt natural cover. If those visitors are so interested in hunting there then let them put do their fair share of the work.
> ...


I hope you MAN up and take control of your property and hunting rights that you have out there. Just cuz some scum bags have a airboat and are traveling over hard ground(trespassing) to get to your spot, you shouldn't burn your blinds down and hunt some other place.Your giving into a little head ache up front. Call the proper authorities.Get his tx numbers when he parks his boat. Pick up and wait for them there. Make sure you have some one on the way to handle the situation.

It's one thing to have some ignorance and not be sure of where your at and realize your trespassing. Then being told by the land owner. It's another to be told and saying F U I'll be coming back out,I don't care. You need to hammer them.


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## CoastalOutfitters (Aug 20, 2004)

there is some land on the sou shoreline of west MAtty. that was deeded thru to the owners, Cullen's etc. back fom spanish landgrant , they own the bank , some land under the water and the beach side

also the high tide, high water mark rule does not always apply for floating in to a spot in a river or bay.

if you don't know call in first to local sheriff or GW


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## Levelwind (Apr 15, 2005)

Well, this is the law in the state of Texas. Texas Natural Resource Code Chpt. 11.

"(c) The State of Texas owns the water and the beds and shores 
of the Gulf of Mexico and the arms of the Gulf of Mexico within the 
boundaries provided in this section, including all land which is 
covered by the Gulf of Mexico and the arms of the Gulf of Mexico 
either at low tide or high tide."

People (landowners, politicians, etc.) make up all sorts of "exceptions", like the Spanish Land Grant myth, the submerged private property myth, the Small Bill, etc. etc. in order to lay claim to public lands and waters. 
There are a few Attorney General Opinions on the subject.

Unfortunately, or fortunately, depending on which side of the debate you're on, there's a tiny fragment of legitimacy to most of these. There are lands, almost all in West Texas, which are held by the same family since they were deeded by Spanish land grant and of these few, a small percentage include perennial streams. In those cases, the courts have held that the landowner DOES own the stream bottoms - for the purpose of taking gravel, marl, or minerals, but the right of the public to "trespass" while engaged in legal activities is not really affected.

There is a fairly recent law prohibiting hunting (not fishing) on or over certain submerged private lands (parks and wildlife code). It has not been tested and may or may not withstand legal challenge.

Heres a link to a good web page by TPW. roll down to "rules on the coast" 
http://www.tpwd.state.tx.us/publica...s/rivers/navigation/kennedy/kennedy_faq.phtml

As far as I've been able to see it's pretty accurate, although you still have to know how the various statutes apply to your exact situation.

If your duck blinds are in the fresh marsh and are unaffected by tides, they're probably rightfully on private property and if you put out the prescribed markers, you can make a trespass case. If the "dry land" the airboat traversed to get there is NOT routinely covered by high tide, it also is probably private (unless it belongs to a govt agency like the navigation district).

Best of luck to you.


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