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Message

re: Gating canals in houma area

Posted on 1/25/16 at 9:22 am to
Posted by Dock Holiday
Member since Sep 2015
1637 posts
Posted on 1/25/16 at 9:22 am to
I admit it was a bit of a rhetorical question, but one I thought you may be willing to answer.

Some may not understand the frustration of many here, I get it, but if you've ever been in a large body of water, in a large bay boat in 5 feet of water and been told you are trespassing you may now understand.
Now have this happen multiple times in areas you've fished for years never considering it to be private and never considering youself as a trespasser and it gets frustrating.

Now more gates are going up in bayous and canals...

For those that don't know, flooded property is still private in other states, but not canals that hold navigable water on the mean high tide in tidal influenced lands such as areas in Houma.

We are not trying to strawman this up, I'm having a discussion with those that agree and a couple that disagree with this unique Louisiana law that is on the books. There are other costal states, and some with small amounts of erosion, but none that I know of, handle it this way. Most agree it's stupid.

I bring out of state friends and family riding or fishing and eveything single one is taken aback by the posted signs on large canals, they all ask, "How is that possible"...

Posted by AboveGroundPool
the basin
Member since Aug 2010
3770 posts
Posted on 1/25/16 at 9:28 am to
quote:

posted signs on large canals


and it won't stop until every last one of them is gated or posted. Then....shite will hit the fan.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81639 posts
Posted on 1/25/16 at 9:34 am to
quote:

For those that don't know, flooded property is still private in other states, but not canals that hold navigable water on the mean high tide in tidal influenced lands such as areas in Houma.

We are not trying to strawman this up, I'm having a discussion with those that agree and a couple that disagree with this unique Louisiana law that is on the books. There are other costal states, and some with small amounts of erosion, but none that I know of, handle it this way. Most agree it's stupid.



I don't know if this is true or not. I doubt many states have the same kind of canal systems we have. Most estuarine areas I've seen consist of nothing but natural waterways, so this issue isn't even a thing.
Posted by Dock Holiday
Member since Sep 2015
1637 posts
Posted on 1/25/16 at 9:54 am to
quote:

doubt many states have the same kind of canal systems we have. Most estuarine areas I've seen consist of nothing but natural waterways, so this issue isn't even a thing


My parents live on a dug out dead end canal off the Pascagoula river, I've logged a good number of hours on the water in that area in the bayous and canals and some in Alabama and Florida. Only area I have ever been denied access to is around Ingalls shipyard, and for good reason it's a matter of national defense as they build Navy vessels.
Posted by Tiger-Striped-Bass
The Bay Area
Member since Dec 2004
1266 posts
Posted on 1/25/16 at 9:59 am to
quote:

Water doesn't magically turn private property into public.


Dam the canals to prevent public tidal flow then. Then you will truly have your farmer brown comparison.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81639 posts
Posted on 1/25/16 at 10:18 am to
quote:

Dam the canals to prevent public tidal flow then. Then you will truly have your farmer brown comparison.

Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 1/25/16 at 10:20 am to
quote:

I bring out of state friends and family riding or fishing and eveything single one is taken aback by the posted signs on large canals, they all ask, "How is that possible"...


4 million acres of marsh in Louisiana. less than 1 million of that is publicly accessible. The areas that are most heavily impacted by land loss are privately held.
Posted by Dock Holiday
Member since Sep 2015
1637 posts
Posted on 1/25/16 at 10:30 am to
quote:

most heavily impacted by land loss are privately held.


Going to Leeville gets me depressed, that place has changed so much in the last 15 years, I stay away now.
Posted by maisweh
Member since Jan 2014
4066 posts
Posted on 1/25/16 at 10:32 am to
quote:

Dam the canals to prevent public tidal flow then. Then you will truly have your farmer brown comparison

check out delta farms in larose. its literally one big arse square that used to be canefield that flooded.
Posted by maisweh
Member since Jan 2014
4066 posts
Posted on 1/25/16 at 10:33 am to
quote:

Going to Leeville gets me depressed, that place has changed so much in the last 15 years, I stay away now.

what gets me depressed is the fact that we want to build a camp across from our old camp there, but can't because we cant get it okay'd by the corps... because its on wetlands... literally can't dump mud on my own property to build up the marsh
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 1/25/16 at 10:42 am to
quote:


what gets me depressed is the fact that we want to build a camp across from our old camp there, but can't because we cant get it okay'd by the corps... because its on wetlands... literally can't dump mud on my own property to build up the marsh


That's a bummer but unfortunately every little bit counts and we simply can not allow people to build on a fragile marsh grass.
Posted by Dock Holiday
Member since Sep 2015
1637 posts
Posted on 1/25/16 at 10:47 am to
quote:

that we want to build a camp across from our old camp there, but can't because we cant get it okay'd by the corps... because its on wetlands..


Man that sucks. The entire Barataria estuary is really taking it on the chin right now.
This post was edited on 1/25/16 at 10:53 am
Posted by tigersownall
Thibodaux
Member since Sep 2011
15329 posts
Posted on 1/25/16 at 10:49 am to
I fish in lake decade hunting club. It's gated. I love it honestly. Hardly ever see anyone.
Posted by maisweh
Member since Jan 2014
4066 posts
Posted on 1/25/16 at 10:55 am to
quote:

That's a bummer but unfortunately every little bit counts and we simply can not allow people to build on a fragile marsh grass

its definitely not marsh grass. at all... its actually mostly shells and just mud, no grass at all.
just needed a pad to drive pilings and to park, right next to another camp actually
Posted by Mung
NorCal
Member since Aug 2007
9054 posts
Posted on 1/25/16 at 11:07 am to
quote:

Are you familiar with the Public Trust Doctrine which louisiana chooses not to follow?


La follows public trust doctrine on seashore and navigable waterways that were there in 1812. Canals weren't there in 1812.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81639 posts
Posted on 1/25/16 at 11:17 am to
quote:

Are you familiar with the Public Trust Doctrine which louisiana chooses not to follow?



quote:

the sea, the shores of the sea, the air and running water was common to everyone.


From our Civil Code,

quote:

running waters, the waters and
bottoms of natural navigable water bodies, the territorial sea, and the
seashore" as public things which "are owned by the state or its political
subdivisions in their capacity as public persons


Article on Public Trust Doctrine in La.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 1/25/16 at 11:37 am to
quote:


La follows public trust doctrine on seashore and navigable waterways that were there in 1812. Canals weren't there in 1812.


Alright, show us the map.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81639 posts
Posted on 1/25/16 at 11:44 am to
quote:

Alright, show us the map.
You can get it on a disc.

Read here.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 1/25/16 at 11:49 am to
Nice try, but that is not a map of state claimed water bottoms. No such maps exists.

Unless of course you want to have the SONRIS debate.
Posted by AboveGroundPool
the basin
Member since Aug 2010
3770 posts
Posted on 1/25/16 at 12:14 pm to
quote:

La follows public trust doctrine on seashore and navigable waterways that were there in 1812.


right, that's what i said. Because a judge decided that a map from 1812 was obviously the best way to go.

I'm not arguing that man made canals weren't there. These decisions were made with certain interests in mind.
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