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re: Gating canals in houma area

Posted on 2/8/16 at 2:25 pm to
Posted by Scrowe
Louisiana
Member since Mar 2010
2926 posts
Posted on 2/8/16 at 2:25 pm to
quote:

that a landowner built an earthen dam across the mouth of the canal


Cannot do this without Army Corps approval, they won't approve it without the canal being deemed private.
Posted by OGhunter777
Member since Mar 2012
785 posts
Posted on 2/8/16 at 2:27 pm to
this entire issue is ridiculous. I have a lease in orange grove. We have several areas that people can access the lease. All of which are gated or blocked by drums. It is a constant battle keeping people out. Not only bass fisherman, but people frogging as well. I do not understand, that if an area is posted, clearly marked, how people think that they have a right to trespass it and have a viable argument? Total and complete BS. I truly believe that if people would have just stayed out of the marsh and stopped arguing and fighting with the land owners, then none of this stuff would be happening. It's aggravating to me because, if they do, for instance block of 70 mile and the blue bird, that would be upsetting to me because I've fished there for my entire life. I've never once entered the marsh, though, except on my personal lease.
Posted by cajunboatman
BR
Member since Dec 2012
162 posts
Posted on 2/8/16 at 2:28 pm to
So why only certain areas or in between certain levees does the rules change?

Our commercial crawfisherman in the basin don't have anyone running them out of the swamps thank god!
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 2/8/16 at 2:29 pm to
quote:

You really don't seem capable of understanding any of this.


Maybe, but neither do you. How does a drainage canal built by the parish on private property to drain false river into another bayou have anything, at all, to do with canals in the marsh?

I honestly believe you're being annoying just for sake of being annoying.
Posted by Scrowe
Louisiana
Member since Mar 2010
2926 posts
Posted on 2/8/16 at 2:30 pm to
quote:

It is a constant battle keeping people out. Not only bass fisherman, but people frogging as well.


People who don't deal with trespassers and poachers will never understand.

quote:

I've never once entered the marsh, though, except on my personal lease.


You sir are a respectable outdoorsman, not everyone is which is why the gates are going up.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 2/8/16 at 2:32 pm to
quote:

I do not understand, that if an area is posted, clearly marked, how people think that they have a right to trespass it and have a viable argument?


What would happen if the state pulled all public funding for restoration in that area? Do you think you could afford to foot the bill? Because that's what is about to happen if something doesn't change.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81631 posts
Posted on 2/8/16 at 2:33 pm to
quote:

Maybe, but neither do you. How does a drainage canal built by the parish on private property to drain false river into another bayou have anything, at all, to do with canals in the marsh?
You are seriously confused. The case was about Golden Ranch in Lafourche. Read again and start over.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81631 posts
Posted on 2/8/16 at 2:34 pm to
quote:

What would happen if the state pulled all public funding for restoration in that area? Do you think you could afford to foot the bill? Because that's what is about to happen if something doesn't change.
What are you even talking about?
Posted by Scrowe
Louisiana
Member since Mar 2010
2926 posts
Posted on 2/8/16 at 2:35 pm to
quote:

Because that's what is about to happen if something doesn't change.


No it's not, gated canals are not anything new.
Posted by BFIV
Virginia
Member since Apr 2012
7723 posts
Posted on 2/8/16 at 2:36 pm to
quote:

Cannot do this without Army Corps approval, they won't approve it without the canal being deemed private.


OK, so who deems the canal as being private? Doesn't that designation and decision settle the issue? If someone dug out for a large pond on private property and then installed a culvert to allow water from a public waterway to flow in and fill up the pond, is that pond private or public? Seems to me like the pond would be private?
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 2/8/16 at 2:36 pm to
quote:

What are you even talking about?


I am talking about...

quote:

What would happen if the state pulled all public funding for restoration in that area? Do you think you could afford to foot the bill? Because that's what is about to happen if something doesn't change.


For example, if you owned property in that area and the state stopped funding coastal restoration, what would happen? Would your marsh become open water?

I don't understand why you have such a hard time understanding the question.
Posted by Scrowe
Louisiana
Member since Mar 2010
2926 posts
Posted on 2/8/16 at 2:37 pm to
quote:

So why only certain areas or in between certain levees does the rules change?


The rules don't change, they are the same throughout just whether or not canals in the marsh are deemed public under the law and whether the landowner is restricting access.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81631 posts
Posted on 2/8/16 at 2:37 pm to
quote:

For example, if you owned property in that area and the state stopped funding coastal restoration, what would happen? Would your marsh become open water?

I don't understand why you have such a hard time understanding the question.


How does that in any way relate to your desire to continue trespassing on private property?
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 2/8/16 at 2:42 pm to
quote:

No it's not, gated canals are not anything new.



It's happening. It's a bigger issue today than it has ever been. The more and more people realize their tax dollars are being spent to save private marsh, the less likely they are to be on your side.

The funny thing is, unless you never leave your lease, you have trespassed.

Not that I personally give a frick. Posted signs in the marsh are little more than just decoration. Just meaningless bullshite.
This post was edited on 2/8/16 at 2:45 pm
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 2/8/16 at 2:44 pm to
quote:

How does that in any way relate to your desire to continue trespassing on private property?


If I'm paying for it, I'm using it. Agree or disagree, there isn't really a goddamn thing you can do about it. More and more people everyday are tired of being run out of the marsh.

If we can't use it, then why bother?

Posted by Scrowe
Louisiana
Member since Mar 2010
2926 posts
Posted on 2/8/16 at 2:47 pm to
quote:

How does that in any way relate to your desire to continue trespassing on private property?


It doesn't, because he is still under the impression that "water makes it public".

He is also having a big "what if" involving the state stopping to worry about coastal erosion which isn't something they are trying to stop just for the evil landowners and corporations.
Posted by Wacker
South Louisiana
Member since Jul 2014
306 posts
Posted on 2/8/16 at 2:49 pm to
Thank you ... The second your boat hits the water at Bob's bayou black marina you are trespassing ... You can't travel to "public water" without trespassing..
Posted by deaconjones35
Thibodaux
Member since Sep 2009
9802 posts
Posted on 2/8/16 at 2:49 pm to
quote:

The funny thing is, unless you never leave your lease, you have trespassed.


Are you saying that at some point, because of erosion, some private land owners have to trespass because maybe their land is now only accessible through someone else's marsh?
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 2/8/16 at 2:50 pm to
quote:

Seems to me like the pond would be private?


From my understanding, it would 100% be private, but you would have to have a fishing license to fish it. If it was not connected and stocked with fish you put there privately, you would not have to have a license.

This whole argument is based in the fact that people are so familiar with using certain areas for their recreational fishing. Pretty much all marsh is private land and if anyone wants to keep you out of 95% of it, they can. But we are so accustomed to no one caring or putting in enough effort to actually keep people out, we have several generations who feel like they have the right to the place because they've always done it.

You can 100% argue that private canals are damaging to the marsh and if you want to take that up to a state level and demand that those who created and own them pay up, that's fine. But it doesn't give you the right to use them.

The whole "no other state deals with this" argument doesn't work all that well, because name another state that has private canals like this. Most states probably won't let someone cut up the wetlands in the first place.

I also think the viewpoint is skewed due to it being wetlands/uninhabited area. If I lived in the middle of solid land and had 100 acres (let's say in Baton Rouge this was somehow possible), then dug a 20 acre pond right in the middle and connected it to the bayou with a small canal(with all permits and such), you think you'd have the right to come into my pond? You most likely wouldn't even think of it. But people are just accustomed to doing just that in the marsh.
Posted by Scrowe
Louisiana
Member since Mar 2010
2926 posts
Posted on 2/8/16 at 2:51 pm to
quote:

It's happening. It's a bigger issue today than it has ever been. The more and more people realize their tax dollars are being spent to save private marsh, the less likely they are to be on your side.


It's spent to save the marsh as a whole.

quote:

The funny thing is, unless you never leave your lease, you have trespassed.


Not true.

quote:

Not that I personally give a frick. Posted signs in the marsh are little more than just decoration. Just meaningless bullshite.


You don't respect the law, yet you want it changed to fit your ways? Seems like you have a poacher/trespasser's mentality anyway.
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