ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, October 3, 1996 TAG: 9610030046
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
COLUMN: what's on your mind?
SOURCE: RAY REED
Q: The Virginia Supreme Court recently ruled that landowners whose title goes back to British land grants or patents can control streams that flow through their property. The media has given little attention to this, though it is of great interest to property owners in this area. I'd like to know the exact meaning of the ruling and what its effects might be.
H.K., Fincastle
A: Lawyers for fishermen and the Virginia attorney general's office are looking for interpretations even now in the court's 5-2 ruling.
So, don't expect a definitive answer from the news media. The kings' grants issue has been in litigation for years, and more court action may be in store.
A few things seem clear, though. The ruling does not begin to address total control of all streams.
The court ruled on fishing rights, specifically on a three-mile stretch of the Jackson River in Alleghany County. It said a British king granted fishing rights to a landowner in 1750 and those rights now belong to today's owners.
The ruling did not mention other possible uses of a stream, such as diverting it for irrigation or damming it for recreation.
Nor did the ruling allow landowners to use firearms to discourage fishing or trespassing - kings' grants notwithstanding.
To make sure a deed includes kings' grant rights, a title search going back to 1775 or so probably would be necessary, at a cost of several thousand dollars.
The court's ruling perplexed fishermen, who regard all fish in all streams as something akin to public property. It also puzzled the state Department of Game and Inland Fisheries, which has been stocking trout in the Jackson River since 1989.
As of Wednesday, the attorney general and fisheries folks weren't saying what they've decided the ruling means. But it certainly puts a clamp on fishing a place that some call the finest trout stream in Virginia and one that fly fishermen from across the country have visited.
Background for the court case, in a nutshell, extends to 1750, when King George II of England granted William Jackson title to land including the stream bed and fishing rights in the stream.
The Supreme Court ruled that all rights given by that title passed down to the present-day landowners, allowing them to prohibit others from fishing.
Previously, fishermen claimed the right to fish that stretch of the Jackson by floating through on a boat, as long as they didn't wade or trespass on the stream bank.The court's ruling left intact the public's right to float through a property, as long as the boat occupants don't fish, wade or trespass on the stream bank.
Flea resistance
Q: Because of an unusually nettlesome flea season, I had our two dogs alternately dipped, powdered, lotioned and even collared, to little avail. I wonder if widespread use of flea bomb has led the bugs to develop resistance to flea treatments.
O., Roanoke
A: Your theory is possible but not proven, according to folks at the Virginia-Maryland Regional College of Veterinary Medicine in Blacksburg.
It's also possible that your pets continued to pick up fleas from nearby environments after these treatments wore off.
Historically, two compounds have been used to control fleas: pyrethrins and organophosphates.
Pyrethrins, derived from chrysanthemum flowers, have been widely used in insecticides. Organophosphates are toxic, and their use has been in decline.
There is some evidence that fleas have developed resistance but, scientifically, it's hard to say how widespread that resistance is.
Alternatives are available.
A medication can be given to a pet so that when a flea bites the animal, the pest is rendered unable to reproduce. In a closed environment where no outside fleas can mingle, the flea population becomes sterile.
Also, a long-acting flea compound has been introduced that works for up to a month.
For the best advice, though, ask your veterinarian.
Got a question about something that might affect other people, too? Something you've come across and wondered about? Call us at 981-3118. Or, e-mail RayR@Roanoke.Infi.Net. Maybe we can find the answer.
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