Thread: Lake laws
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Old 06-30-2006, 08:38 AM   #19
Bear Islander
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Quote:
Originally Posted by Skip
The purpose of an approved swim line is to give a highly visible barrier to prevent hazardous boat traffic from encroching on a designated swim area. That said, any individual can enter the area of the swim line, not just the property owner that erected it. While it may appear tacky to most to do so, the swim line does not designate a property area or act as a no tresspassing zone to non property owners.
An individual can NOT enter the swim lined area in a BOAT. I should have been more specific, but Rayhunt said he was in a boat.


Quote:
Not really a very good example. Using the same thought process, would one argue that the evidence locker at the State Police evidence lab, or the small arms locker at one of the State's military armories is open to the public by it's virtue of being owned by the public? Of course not.

The difference is that all great bodies of water can be enjoyed by all as specifically as addressed in State statute. As has been discussed numerous times in the past on this site, RSA 271:20 clearly defines this right that is enjoyed by all citizens of the State.

The water in the Governor's toilet enjoys no such statutory public access.

Skip
RSA 271:20 might seem clear to you, however it is trumped by multiple New Hampshire Supreme Court decisions to the contrary. An example is below. I know from past experience that you don't like this decision, but you should take it up with them, not me.

"W. A. Sundell & a. vs. Town of New London
SUPREME COURT OF NEW HAMPSHIRE
119 N.H. 839, December 12, 1979

....littoral owners have common law property rights which are more extensive than those of the public generally, which could not be taken without compensation, and which were not affected by the statute. RSA 271:20 (Supp. 1977)."
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