http://ozarkspub.vo.llnwd.net/o37/KSMU/audio/mp3/free-linden-controversy_40118.mp3
(Walking through a gravel bar and running water of the Linden Dam.)
These are the sounds of footsteps crossing the gravel bar below the dam at Linden Lure, a popular swimming spot on the Finley River in Christian County.
In the last six months, this dam has become a point of contention between local river goers and the Sherriff’s Department.
In prior months, the Sheriffs Department has wrongly turned people away from the area north of the bridge, citing private property. They have since apologized for their error, but that’s not enough for some people who want the Sherriff’s Department to take full responsibility for their actions.
David Cross is an organizer of the Free Linden community. They are a local group who want to be left alone when enjoying their time on the river.
“They spent six months telling people they were breaking the law and they’d be arrested for something that they had every right to do under the law. They don’t want to have to deal with Linden anymore. They don’t want to have to go down there and tow cars of people who are parked in the wrong place, and don’t have to deal with DUI’s and what have you. The solution was to patrol it more, not to try to close off a section of a river, in violation of the law, for the benefit of a few wealthy homeowners.”
Sherriff Joey Kyle denies favoring one side. He says that his department is simply trying to uphold the law, and to keep people from trespassing on private property.
“You have right of access to the river anywhere on the river. You don’t have the right to access the river across private property without permission. You can be in the river below the high water mark if you’re surrounded by private property. You cannot stop to loiter on any manmade obstacles that are private property. You can portage across them, which means that you can go across them, but you cannot stand and loiter, you cannot fish off of it. It’s private property.“
This is the main argument- Can an area, under a public waterway, be private property?
The Free Linden community says no.
“They either have two choices for the submerged section of the dam. Either deal with people who have to stand on it, stand in that section of the river, or remove your dam. That’s the only choice they have. They don’t get to say that you’re trespassing when you’re standing in a public river.”
For more information on the Free Linden controversy, feel free to go to our website, KSMU.org. For KSMU News I’m Shane Franklin.
Link: Free Linden