Originally Posted by hojo
True. Though if this individual is harassing people for being on "his road" when they're on public land then at the very least they would be able to help these boaters out with land owner harassment. My guess is that, given the nature of this encounter, this guy has a history of these encounters.
Glenn, how can boaters be better armed against this? I don't actually know what to reference in relation to land access.
Go to the County Assessor web site, search the property map and print out the boundaries, road right of way width, etc of the area in question. Take the printout (laminated, of course) with you and show it to the person that you're on legal public land. Then go boat.
Search the Colorado Revised Statutes online for statute 18-9-107, "Obstruction of Highways". Yes, it includes obstructions of waterways. Waterways are roadways are highways...
Also, take a gps enabled camera to not only take pics but also to gps map the *exact location* for court. Betcha $.47 cash money the DA won't prosecute once they know you have evidence showing you're on public right of way. That's US not confederate script $.47.
This stuff is gonna continue to happen until/unless somebody tests it in binding court by getting A rested for trespass or files a complaint against the harasser and takes it up to the Colo Supremes, gets a public road/bridge access or use legislative bill (Google "Montana Public Bridge Access Law HB190 2009") or gets an initiative passed (Google "2012 Ballot Initiative #3 "Colorado Public Trust Doctrine").
Know the law, exercise your rights and ye shall be freebo...