Legal Question in Criminal Law in Texas

Trespassing in streams and rivers

Is one trespassing if one enters a creek or river from a public location and wades through the water as it passes through private property? Does the situation change if the person is carrying a concealed handgun and has a valid Texas concealed handgun license?


Asked on 12/03/00, 6:49 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Trespassing in streams and rivers

A creek, maybe. A river, probably not. The river bed is held to be public property, and if entry was gained through other public property there can be no trespass if the wader does not exit onto private property from the riverbed.

Carrying a concealed weapon under such circumstances, licensed or not, has no bearing upon whether or not there is a trespass. They are mutually exclusive legal issues.

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Answered on 12/05/00, 8:46 am
David Sergi Sergi and Associates PLLC

Re: Trespassing in streams and rivers

You can not be held criminally liable for treaspassing in a river unless the owner derives his title from a piece of property granted under the Mexican Partitas law and that the souce grant included both sides of the river. As to a creek, you probably could if it is not a navigable strem. As to hand gun issue, I doubt it.

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Answered on 12/05/00, 9:52 am


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