Looks like the folks aiming to privatize a public resource are at it again — this time in Virginia, where a golf course community developer wants to keep the barbarian hordes off the Jackson River, and has filed a civil trespassing case against three anglers:

After having their criminal trespassing case dismissed by a judge in general district court in 2010, the developer of the River’s Edge golf community near Covington, VA has filed a civil trespassing case against three Virginia anglers who lawfully entered the Jackson river with kayaks at the Smith Bridge public access point (see the VDGIF map) and remained within the river banks while fishing down the river. The developer is seeking an injunction to prevent the anglers from wade fishing a stretch of the Jackson that runs past their adjacent land.

Under a Virginia statute that is more than 200 years old, the beds of all rivers and streams “are the property of the Commonwealth and may be used as a common by all the people for the purposes of fishing, fowling, hunting, and taking and catching oysters and other shellfish.”

In this case, the adjacent River’s Edge property owners are claiming that they own the bed of the Jackson River by virtue of two different 18th century land grants that predated the passage of that statute: a 1743 crown grant executed by the governor of Virginia on behalf of the King of England and a 1785 grant from the Commonwealth of Virginia, yet neither of the developer’s old land grants explicitly reference the bed of the Jackson River when describing the property conveyed. The grants also do not mention fishing rights. This case is therefore very different from, and potentially more threatening to anglers, paddlers and hunters, the previous Jackson River VA Supreme Court case (Kraft v. Burr) where it was undisputed that the landowners owned the bed of the river. Here, the River’s Edge developer is claiming to own property that, in practice and historically, belongs to the Commonwealth.

Attorney General Ken Cuccinelli’s office needs to participate in the litigation to defend Virginia’s property rights to the bed of the Jackson River and the interests of the people to use the river for boating, fishing, hunting, swimming or general recreation. If the AG refuses to defend the state’s property rights in this case, its rights to other rivers and streams (like the Shenandoah or the James) may be compromised, along with the ability of the people of Virginia to fish, boat, and recreate in these rivers.

Somewhat tellingly, the bad guys have released one of the three anglers from the civil lawsuit — a pastor. Think there’s a PR battle being fought here?

The VA Rivers Defense Fund site is here (their blog is here), and here’s a simple email template for you to follow (writing your own email would be better, but this is fast):

Mail this to: KCUCCINELLI@OAG.STATE.VA.US

————-
To: Attorney General Ken Cuccinelli
RE: Protect citizen access to Virginia’s Rivers

Mr. Cuccinelli, I urge you to:

  • Join as Party Defendant in North South Development LLC, et. al. v. Garden, et. al., Alleghany County Circuit Court Case#CL11000043.
  • Be present at the July 25, 2011 hearing in Alleghany Circuit Court where the judge will hear arguments to compel the state to join.
  • Defend the interests of the people of Virginia to use and enjoy the Jackson River and any other rivers where injunctions may be sought to limit use.

Thank you. Public access is under assault around the country from those who would privatize a public resource, and I urge you to protect the right of Virginia’s citizens to access their rivers.

Respectfully,
name

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