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Started By
Message
I have a hypothetical question on the public/ private water debate.
Posted on 3/14/16 at 3:04 pm
Posted on 3/14/16 at 3:04 pm
Lets say there is a decent size river. This river has minimum commercial traffic and used by recreational boats to access camps. There is a land owner that owns property along one bank. In a high water event, the river changes course and now cuts across the landowner's property. Can the landowner now gate the new river course? Perhaps charge a toll to cross his property?
7
Posted on 3/14/16 at 3:05 pm to wickowick
No
Posted on 3/14/16 at 3:06 pm to AlxTgr
That was quick...
Posted on 3/14/16 at 3:07 pm to AlxTgr
Why not? It is private land
Posted on 3/14/16 at 3:07 pm to wickowick
I'll cut that shite every weekend
Posted on 3/14/16 at 3:09 pm to wickowick
Please see the law of avulsion
Posted on 3/14/16 at 3:09 pm to wickowick
quote:
Why not? It is private land
Not after the hypothetical. The state would acquire the new river bottom and compensate the landowner with the land that composes the now dry bed.
Posted on 3/14/16 at 3:09 pm to wickowick
quote:
Why not? It is private land
quote:
the river changes course
It's still the river.
Posted on 3/14/16 at 3:12 pm to wickowick
quote:
Lets say there is a decent size river. This river has minimum commercial traffic and used by recreational boats to access camps. There is a land owner that owns property along one bank. In a high water event, the river changes course and now cuts across the landowner's property. Can the landowner now gate the new river course? Perhaps charge a toll to cross his property?
i would imagine that would be a hell no.
If that was the case, i would think there would be tons of rivers that would have been manually manipulated to cross properties
Posted on 3/14/16 at 3:12 pm to LSUtiger17
quote:
The state would acquire the new river bottom and compensate the landowner with the land that composes the now dry bed.
Who pays for that transfer?
Posted on 3/14/16 at 3:15 pm to wickowick
Did this happen to you?
Posted on 3/14/16 at 3:16 pm to Cadello
quote:
Did this happen to you?
This is hypothetical...
Posted on 3/14/16 at 3:17 pm to wickowick
quote:
wickowick
do you charge airplanes a toll for flying over your house?
Posted on 3/14/16 at 3:19 pm to Chad504boy
quote:
do you charge airplanes a toll for flying over your house?
That is nowhere close to the same thing...
Posted on 3/14/16 at 3:25 pm to Chad504boy
quote:I do. I just have issues with collection.
do you charge airplanes a toll for flying over your house?
Posted on 3/14/16 at 3:47 pm to wickowick
You gonna divert the diversion baw?
This post was edited on 3/14/16 at 3:48 pm
Posted on 3/14/16 at 3:54 pm to HeadBusta4LSU
Shhh, all part of the master plan...
Posted on 3/14/16 at 4:02 pm to wickowick
La. Civil Code Article 504 provides that when the navigable river or stream abandons its bed and opens a new one, the owner of the land where the new bed is located becomes the owner of the old bed. This is compensation for his land being taken as the new bed of the navigable stream. The new bed is a public thing under La. Civil Code Article 450 as it is the water bottom of a navigable water body.
Posted on 3/14/16 at 4:04 pm to byutgr
quote:
La. Civil Code Article 504 provides that when the navigable river or stream abandons its bed and opens a new one, the owner of the land where the new bed is located becomes the owner of the old bed. This is compensation for his land being taken as the new bed of the navigable stream. The new bed is a public thing under La. Civil Code Article 450 as it is the water bottom of a navigable water body.
frick this state and its laws...
Posted on 3/14/16 at 4:05 pm to wickowick
quote:And ours is the only one that does this shite!
frick this state and its laws...
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