New York jumps into paddler’s rights case on side of paddlers!
Posted: August 18, 2011 Filed under: Paddlesports 5 CommentsIt’s nice to see a state attorney general decided to do what is good for the people rather than what will get them sound bites!
This suit concerns a canoeist who paddled a waterway between two lakes. The land on either side of the waterway was owned by one landowner and when the canoeist went through the waterway they sued him for trespass.
For more information on the general facts of the case see Brandreth president talks paddling rights.
The state has now been granted permission to intervene in the suit representing the rights of the state of New York and consequently it’s people. This should bring a boost to the defense and help open up waterways in New York for recreation.
See State can side with editor in canoe case
What do you think? Leave a comment.
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Recreation Law 
I’m not a judge and not up on NY law. However, I believe in recreation. Recreation means access no matter if you are rich or poor.
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And another:
http://www.youtube.com/watch?v=r4IZR3vB1jg
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The video shows the stream being paddled. The alders and grasses at the waterline show that the stream isn’t particularly low.
How do you square the belief that streams like this are public highways under the common law, with the fact that the Court of Appeals held the Raquette River from Colton to Raymondville was not?
Here’s the Raquette at Colton:
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Quite interesting, but based on the leaves the video is obviously taken during the fall which is the low water period. During spring run-off the allegations of the parties could be correct. So what this shows is people in a court case sometimes push the limits.
Just because low water you can’t paddle it, does not mean at other times or the majority of the year you can’t paddle it.
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New York’s highest court ruled that the Raquette River between Colton – http://vimeo.com/14329123 – and Raymondville – http://www.youtube.com/watch?v=_XCl41yhCrc – was not a public highway under the common law – http://www.courts.state.ny.us/reporter/archives/Morgan_King.htm
According to the opinion, the river averaged nearly 300 feet wide. A map of this section can be seen here – http://www.dec.ny.gov/outdoor/55378.html
If New York’s highest court held that a river that’s nearly 300 feet wide is not a public highway under the common law, how can this be?
http://www.youtube.com/watch?v=Ny6tQflFGTw
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