- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: CCA tagged redfish caught!!
Posted on 7/8/14 at 10:12 am to Fifthstring
Posted on 7/8/14 at 10:12 am to Fifthstring
quote:
When people call them out on it, they get chippie, defensive, threaten force, etc, etc..
Because the law is on their side right now!! what is so hard to understand about that?
1
Posted on 7/8/14 at 10:13 am to Fifthstring
quote:And what are these false beliefs? How are they overstepping their rights?
What I'm not for are groups or individuals over-stepping their rights, and I believe there are many who are doing so in tidal marshes and using false pretence and/or beliefs to run folks off.
Look, it's actually ok to admit you did not understand La. property law. I know it's hard to let go of a false belief, but you are going to have to do that here.
Posted on 7/8/14 at 10:15 am to dat yat
quote:I would like to know as well, just to be safe.
How do landowners go about proving that bayous through their marsh were not navigable in 1812?
Posted on 7/8/14 at 10:18 am to boom roasted
Glad I could start a thread that gets people pumped up 
Posted on 7/8/14 at 10:19 am to sonoma8
quote:
Glad I could start a thread that gets people pumped up
Me too. OB has been kinda lame lately.
Posted on 7/8/14 at 10:21 am to Motorboat
quote:
Motorboat
When is the next social event where we all get drunk is what I wanna know.
Posted on 7/8/14 at 10:22 am to 34venture
Ima send you an email.
Posted on 7/8/14 at 10:23 am to 34venture
quote:
When is the next social event where we all get drunk is what I wanna know.
Tomorrow at the state of the lake meeting at prien lake park from 6-9
Posted on 7/8/14 at 10:23 am to weisertiger
Thank God I will be out of the country.
Posted on 7/8/14 at 10:33 am to AlxTgr
Alx droppin the truth again. Navigable waterways of 1812 are the only "public" access. Landowners can own, manage and police anything that you couldn't drive your little pos boat across 200 years ago.
Further, it extends to the land banks of navigable rivers of 1812... the public can use the bank. Riparian rights of un-"navigable waters of 1812" have nothing to do with the public's use, but only how the landowners share the water.
The problem is that it is hard to determine Guideline for Determining State Water Bottoms
Further, it extends to the land banks of navigable rivers of 1812... the public can use the bank. Riparian rights of un-"navigable waters of 1812" have nothing to do with the public's use, but only how the landowners share the water.
The problem is that it is hard to determine Guideline for Determining State Water Bottoms
Posted on 7/8/14 at 10:43 am to AlxTgr
quote:
Look, it's actually ok to admit you did not understand La. property law
Well, maybe I don't understand it, but here is the guidance from LSU law.edu
Page 30 from the link below.
2. The Public's Right to Fish in or Otherwise Use the Surface of Non-
Navigable Waters:
The right to use the surface of the water for fishing or boating may, but does
not necessarily, follow from the ownership of the waterbottoms. The answer varies
from one state to another.'22 One issue is whether members of the general public
may use the waters of a stream or lake whose bottoms are privately owned. 23
Another issue is whether one who owns all of the land underlying a body of water
may exclude the owner of property up to the water's edge from using the
surface.' 24 Yet another question is whether a property owner who has title to
most of the land underlying a body of water can fence off the area he or she owns,
excluding from these waters those who have title to smaller portions of the
waterbottoms.1
25
According to the Louisiana Civil Code, there are two relevant questions
concerning the right of the public to make instream uses of waters.
First, are the waters navigable or non-navigable? 26 Second, are the waters running or nonrunning?'
It appears that Louisiana law gives the owner of the bottom the right to exclude
others from using the surface of the water if it is both non-running and nonnavigable.
But this right to exclude might not apply if the water is tidally influenced.
The question is by no means settled. A 1988 United States Supreme Court
decison has prompted action by the Louisiana State Law Institute and then the
legislature. A growing dispute between landowners and commercial crawfishers
also has been heating up the issue.' 8
In Phillips Petroleum v. Mississippi,'29 the Court held that non-navigable
waters subject to tidal influence were part of the public trust held by the State of
Mississippi as trustee. 3'
LSU.law.edu
Posted on 7/8/14 at 10:43 am to xenon16
I ran into this trouble in Calcasieu, its one of the main reasons I refuse to fish there. I know Dularge has "some" places like this, but its mainly during duck season and that makes sense. I dont own marshland, but I see both sides of the arguement.
Posted on 7/8/14 at 10:45 am to Motorboat
quote:
quote:Glad I could start a thread that gets people pumped up Me too. OB has been kinda lame lately.
This has been a good one...
Posted on 7/8/14 at 10:48 am to Fifthstring
James M. Klebba should have been given an F on that and told to rewrite it.
Posted on 7/8/14 at 10:50 am to PapaPogey
How do you guys feel about the weir issues at big lake?
They basically have not been lifted this fishing season and there is talk that it has something to do with the lack of fish in the lake. Because of lack of bait/ shrimp coming into the lake from the marsh... Along with several other issues.
Oyster fishermen dredging and leaving no reefs on long point, west cove
Too many damn guides and people from Texas fishing the lake. Maybe just too many damn guides (65)?
As being the main problems...
They basically have not been lifted this fishing season and there is talk that it has something to do with the lack of fish in the lake. Because of lack of bait/ shrimp coming into the lake from the marsh... Along with several other issues.
Oyster fishermen dredging and leaving no reefs on long point, west cove
Too many damn guides and people from Texas fishing the lake. Maybe just too many damn guides (65)?
As being the main problems...
Posted on 7/8/14 at 10:55 am to AlxTgr
quote:
James M. Klebba should have been given an F on that and told to rewrite it.
Degrees
J.D., Harvard Law School, 1967; B.A., St. John's University, 1964
Short Bio
Prior to joining the faculty at Loyola in 1973, Professor Klebba was in private practice
This post was edited on 7/8/14 at 11:00 am
Posted on 7/8/14 at 10:56 am to HebertFest08
quote:
people from Texas
Posted on 7/8/14 at 11:02 am to Fifthstring
quote:No wonder he doesn't understand la. property law.
Degrees
J.D., Harvard Law School, 1967; B.A., St. John's University, 1964
Short Bio
Prior to joining the faculty at Loyola in 1973, Professor Klebba was in private practice
Posted on 7/8/14 at 11:07 am to AlxTgr
quote:
No wonder he doesn't understand la. property law.
I would trust a Loyola law professor (since 1973)a tad bit more then me or you when it comes to Louisiana law, especially one that has published a 60 page review on the very subject.
Page 4 of 8
Popular
Back to top
Follow TigerDroppings for LSU Football News