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re: Open fields doctrine is being challenged in Louisiana

Posted on 3/8/24 at 4:08 pm to
Posted by boudinman
Member since Nov 2019
5127 posts
Posted on 3/8/24 at 4:08 pm to
So say in a cwd area, it's unreasonable to spot check for unlawful baiting? By the time he went to a judge got a warrant the owner, club members, etc get tipped off and all baiting is removed before warrant is served.

Spot checks keeps everyone following the rules as much as possible, due to the threat of fines and citations. It will never be a perfect system.
This post was edited on 3/8/24 at 4:13 pm
Posted by Piebald Panther
Member since Aug 2020
479 posts
Posted on 3/8/24 at 4:33 pm to
quote:

say in a cwd area, it's unreasonable to spot check for unlawful baiting?


Yes that’s unreasonable. That’s acting under the assumption of guilt with no evidence to support the assumption.

I’d rather have the freedom from unlawful search and enjoy my private property in peace.

A lot of ordinary men were convinced to do evil things their government said was right in the name of safety. I’ll trust a private landowning citizen to do what’s right over an intrusive government convinced they are the purveyors of morality.
Posted by jcdogfish
Member since Apr 2022
48 posts
Posted on 3/8/24 at 6:17 pm to
Well, not only fish are owned by the public,,so is the water in your canal. You invited it in by digging a canal, You can fill it back in and have it private again. Until then you are stealing the public's water for personal use...
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81753 posts
Posted on 3/8/24 at 8:30 pm to
quote:

public,,so is the water in your canal. You invited it in by digging a canal, You can fill it back in and have it private again. Until then you are stealing the public's water for personal use...
Nope
Posted by jcdogfish
Member since Apr 2022
48 posts
Posted on 3/8/24 at 8:46 pm to
Sorry, but yes, statute states clearly that water is a public thing. The rulings have clearly stated that the bottom owners can control the surface of the water but the ownership of the water is clear also. So, yes, gated canal owners are using a public asset for private use.
Posted by X123F45
Member since Apr 2015
27497 posts
Posted on 3/9/24 at 12:51 am to
quote:

He doesn't need to call a judge and get a warrant to go visually check on STATE OWNED wildlife.


Jesus Christ, just admit you're a poor game warden who owns no land.

At least then we might respect you the tiniest amount.
Posted by Motorboat
At the camp
Member since Oct 2007
22708 posts
Posted on 3/9/24 at 7:40 pm to
quote:

boudinman

quote:

By the time he went to a judge got a warrant the owner, club members, etc get tipped off and all baiting is removed before warrant is served.


This might be the most retarded thing I have read today.
Posted by TutHillTiger
Mississippi Alabama
Member since Sep 2010
43700 posts
Posted on 3/9/24 at 11:26 pm to
Yeah it’s past time to end this bullshite
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81753 posts
Posted on 3/10/24 at 11:34 am to
quote:

Sorry, but yes, statute states clearly that water is a public thing. The rulings have clearly stated that the bottom owners can control the surface of the water but the ownership of the water is clear also
This doesn't mean what you think it means which is why the land owners are undefeated.
Posted by Junky
Louisiana
Member since Oct 2005
8395 posts
Posted on 3/10/24 at 11:41 am to
quote:

This doesn't mean what you think it means which is why the land owners are undefeated.


Always have to bring up that waterways debate dont you?
Posted by JDPndahizzy
JDP
Member since Nov 2013
6448 posts
Posted on 3/11/24 at 11:21 am to
quote:

Yes that’s unreasonable. That’s acting under the assumption of guilt with no evidence to support the assumption.

I’d rather have the freedom from unlawful search and enjoy my private property in peace.

A lot of ordinary men were convinced to do evil things their government said was right in the name of safety. I’ll trust a private landowning citizen to do what’s right over an intrusive government convinced they are the purveyors of morality.


Well said!
This post was edited on 3/11/24 at 11:22 am
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81753 posts
Posted on 3/11/24 at 1:15 pm to
quote:

Always have to bring up that waterways debate dont you?
Always? nah, but when people say,

quote:

visually check on STATE OWNED wildlife
it seems relevant. I just find it curious that everyone just goes along with all that state owned wildlife on private clubs.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6448 posts
Posted on 3/11/24 at 2:00 pm to
quote:

state owned wildlife


Oh great.. So I can send them the bill when I hit a deer on the hwy?
Posted by jcdogfish
Member since Apr 2022
48 posts
Posted on 3/11/24 at 3:41 pm to
edited to keep the post on topic

This post was edited on 3/11/24 at 3:43 pm
Posted by Insurancerebel
Madison
Member since Aug 2021
1584 posts
Posted on 3/12/24 at 9:20 am to
It is not uncommon to see a game warden, sheriff deputy and other law enforcement officers team up to catch someone. Game warden can go onto someone's property while looking if they notice any other issues they can call other LIO's to come in who are waiting. Many of a drug bust happens this way.
Posted by sabbertooth
A Distant Planet
Member since Sep 2006
5317 posts
Posted on 3/12/24 at 9:43 am to
We get reported by a crazy lady every time we dove or rabbit hunt. She reports we are shooting up her house. Her house is a mile away from my property line. We are using shot guns in the middle of 350 acres. LWF or Sheriff will wait for us on the road by my barn where we park. My brother always puts up a thin blue line flag on the flag pole before we hunt.
They are always cordial and just laugh her reports off.
Posted by BruslyTiger
Waiting on 420...
Member since Oct 2003
4619 posts
Posted on 3/12/24 at 9:49 am to
quote:

It is not uncommon to see a game warden,

All over the country this happens. IJ is also working on a case in Pennsylvania that has not been very successful so far.

Institute for Justice
quote:

Last week, the Commonwealth Court of Pennsylvania ruled against the Punxsutawney and Pitch Pine hunting clubs in their suit against Pennsylvania Game Commission (PGC) and Mark Gritzer, the head of the PGC, for repeatedly violating their private property rights. The Institute for Justice (IJ) represents both clubs and plans to appeal.
Posted by Sparetime
Lookin down at La
Member since Sep 2014
908 posts
Posted on 3/12/24 at 10:23 am to
This is a very slippery slope that we all need to take a deep breath before trying to get anything over ruled. This is a liberal agenda dream come true to have "open field" overturned. The Advocate jumped on this for the exact reason, "LEOs are all bad, and while we are at it, let's change this rule and that rule to limit their powers to serve and protect...." Liberals are dancing at all us rednecks now helping their agenda.

Just saying, be careful what you wish for.

Posted by White Bear
Yonnygo
Member since Jul 2014
14048 posts
Posted on 3/12/24 at 11:27 am to
Posted by SoFla Tideroller
South Florida
Member since Apr 2010
30292 posts
Posted on 3/12/24 at 11:34 am to
Yes, liberals are well known for wanting the power of government curtailed...
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