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Posted on 7/8/14 at 11:15 am to KG6
The last time cca did anything for sportsmen was when they were GCCA, and they drove the redfish recovery. That was twenty years ago. I have a boat, they won't get my money.
Posted on 7/8/14 at 11:17 am to Fifthstring
quote:You would? Loyola?
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.
It's a Law review article. Nothing more. Hell, the article itself shows there's much he doesn't get.
Posted on 7/8/14 at 11:20 am to Motorboat
quote:
Because the law is on their side right now!! what is so hard to understand about that?
Well, that is where we disagree and maybe I have not been clear, but there are some properties that are obviously dry and under private ownership and we should all stay out, but there is a growing number that are "Posting" natural tidal bayous and bays. Those are the ones I'm talking about.
Posted on 7/8/14 at 11:24 am to AlxTgr
quote:
AlxTgr
Just pointing out, (not saying you are incorrect) but LA Law schools teach much different than what you are posting here.
Posted on 7/8/14 at 11:24 am to Fifthstring
make no mistake, you've been very clear that you're extremely murky on the subject. it's also clear that you're finally realizing it and trying (unsuccessfully) to do damage control. back up while you can. 
Posted on 7/8/14 at 11:25 am to shooter35
quote:LSU doesn't.
Just pointing out, (not saying you are incorrect) but LA Law schools teach much different than what you are posting here.
Posted on 7/8/14 at 11:25 am to shooter35
Yall do realize alx is very well versed in this whole law deal right?
Posted on 7/8/14 at 11:25 am to 34venture
quote:
When is the next social event where we all get drunk is what I wanna know.
Posted on 7/8/14 at 11:27 am to Fifthstring
quote:Without knowing more about that water, I cannot really comment other than to say, " natural tidal bayous and bays" is really not relevant here.
but there is a growing number that are "Posting" natural tidal bayous and bays. Those are the ones I'm talking about.
Posted on 7/8/14 at 11:29 am to sonoma8
I go fishing maybe once a year, I'm not going to spend $50 for the prospect that I'll catch one of the 10 tagged fish.
Posted on 7/8/14 at 11:31 am to xenon16
quote:In case this was glossed over, it needs to be posted 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
Posted on 7/8/14 at 11:37 am to Ole Geauxt
quote:
make no mistake, you've been very clear that you're extremely murky on the subject
I'm murky, but I'm not backing up just yet.
Posted on 7/8/14 at 11:44 am to AlxTgr
Alx, it's clear you know this subject.
I still think there is mass confusion on the subject and I'm not sure there is any clear cut decisions on tidal waters, would you agree?
I still think there is mass confusion on the subject and I'm not sure there is any clear cut decisions on tidal waters, would you agree?
Posted on 7/8/14 at 11:58 am to AlxTgr
quote:
LSU doesn't.
Yes they do.
Again, not saying you are wrong but there is definitely a difference in what you are posting and what multiple professors teach regarding whether a non-navigable stream that subsequently becomes navigable is subject to public use.
Posted on 7/8/14 at 12:04 pm to shooter35
quote:
Yes they do.
Prove it
Posted on 7/8/14 at 12:06 pm to AlxTgr
quote:
Without knowing more about that water, I cannot really comment other than to say, " natural tidal bayous and bays" is really not relevant here.
But it is quite relevant. The point of the matter is that large landholding companies (or private entities) would sporatically post waterways as 'closed' and 'private' without first doing due diligence to prove that is was not navigable in 1812. I have seen this happen too many times growing up in SW La. There are assholes out there that constantly berate fishermen saying "you can't fish here I own this water!" in clearly navigable waterways after having been told so by authorities.
Posted on 7/8/14 at 12:07 pm to shooter35
La Civil Code Art. 450. Public things
Public things are owned by the state or its political subdivisions in their capacity as public persons.
Public things that belong to the state are such as running waters, the waters and bottoms of natural navigable water bodies, the territorial sea, and the seashore.
Public things that may belong to political subdivisions of the state are such as streets and public squares.
So courts have interpreted this to mean navigable in 1812, when La was admitted to the Union.
Public things are owned by the state or its political subdivisions in their capacity as public persons.
Public things that belong to the state are such as running waters, the waters and bottoms of natural navigable water bodies, the territorial sea, and the seashore.
Public things that may belong to political subdivisions of the state are such as streets and public squares.
So courts have interpreted this to mean navigable in 1812, when La was admitted to the Union.
Posted on 7/8/14 at 12:11 pm to TheLSUriot
quote:How does one go about doing that?
due diligence to prove that is was not navigable in 1812
Posted on 7/8/14 at 12:18 pm to shooter35
There are multiple law articles on the subject that disagree, I posted one such link and it's been discredited here because he is a Loyola professor and graduated from Harvard so he must not know Louisiana property law.
I really would like something concrete one way or another...Of course short of getting arrested and having to take it to court myself. Would make for a bad day.
Just so I'm clear again... my argument is that you should not post navigable waters that are influenced by tidal flow and their water bottoms are submerged on a average low tide, these are considered waters of the state and public access for recreation should not be denied.
I really would like something concrete one way or another...Of course short of getting arrested and having to take it to court myself. Would make for a bad day.
Just so I'm clear again... my argument is that you should not post navigable waters that are influenced by tidal flow and their water bottoms are submerged on a average low tide, these are considered waters of the state and public access for recreation should not be denied.
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