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Private vs public water in tidal navigable waterways

Posted on 12/7/16 at 8:52 am
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5132 posts
Posted on 12/7/16 at 8:52 am
Just put this together in Paint. Shows what is public vs private and how tidal waterways can actually be private. Even though some places are navigable waters, doesnt mean you have any right to be there

First pic is 1812

[URL=https://s1250.photobucket.com/user/RonCheramie/media/Marsh_zpskhwiwy65.png.html] [/URL]
Present day

[URL=https://s1250.photobucket.com/user/RonCheramie/media/Marsh2_zpshjydiwyq.png.html] [/URL]
This post was edited on 12/7/16 at 9:26 am
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5132 posts
Posted on 12/7/16 at 8:52 am to
Discuss
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5132 posts
Posted on 12/7/16 at 8:53 am to
(no message)
This post was edited on 12/7/16 at 8:54 am
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 12/7/16 at 8:54 am to
you forgot to mention how that privately dug oil and gas canal fricked up a bunch of land around it. You can't have your cake and eat it too...
Posted by Dock Holiday
Member since Sep 2015
1632 posts
Posted on 12/7/16 at 8:56 am to
This should get interesting.
Posted by RUNDMC
The Bay Area
Member since Dec 2016
67 posts
Posted on 12/7/16 at 9:01 am to
Nothing to really discuss other than the land owners want all the public fish and game to themselves. If you want a "private" canal or pond, dam it off, pump all public water and fish out and fill it with water from your garden hose. THEN you have a true "private" canal/pond.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 12/7/16 at 9:01 am to
He's trying to give a very simple answer to one of the most complex issues ever. It's just not going to happen. It's fun to toy around with different ideas and pretend our own answers are the right answers but the reality is each side will have to give up something to reach a middle ground. Unless we want to be looking back on this 30 years from now and remembering the good ole days when you could fish almost anywhere.
Posted by Dock Holiday
Member since Sep 2015
1632 posts
Posted on 12/7/16 at 9:05 am to
Well said Barf, and my precise stance on this entire topic.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81600 posts
Posted on 12/7/16 at 9:07 am to
quote:

you forgot to mention how that privately dug oil and gas canal fricked up a bunch of land around it. You can't have your cake and eat it too...


You bring this up every time. That has nothing to do with the law here. It's a straw man eating a red herring.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 12/7/16 at 9:09 am to
What's really interesting is how much private property isn't posted or enforced. It's almost directly related to whatever the social climate is in a specific area. Seems like where you find sport yachts and million dollar camps, you also find marsh gates and overly aggressive people claiming to hold rights to property. I use the word claiming because I am 100% sure I have been chased out of ponds by people who didn't own them.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 12/7/16 at 9:10 am to
quote:

You bring this up every time. That has nothing to do with the law here. It's a straw man eating a red herring.



How have you made it through life without someone slapping the shite out of you? frick you're annoying.

For arguments sake, if you did a hole in the ground and it collapses and takes the neighboring property with it, you should be liable. It just so happens the neighboring property that has been washed away is state owned.

This post was edited on 12/7/16 at 9:13 am
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81600 posts
Posted on 12/7/16 at 9:15 am to
quote:

How have you made it through life without someone slapping the shite out of you? frick you're annoying.

This reaction is unhinged. There's something seriously wrong with how you think. You're annoyed that I point out a terrible irrelevant argument?
quote:

For arguments sake, if you did a hole in the ground and it collapses and takes the neighboring property with it, you should be liable. It just so happens the neighboring property that has been washed away is state owned.
OMG
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5132 posts
Posted on 12/7/16 at 9:16 am to
So let's say you own some bottomland hardwoods. If the river comes up and your property floods you have no problem with me motoring in this "navigable" body of water and shooting ducks in there and fishing while I'm at it. After all it's public fish and game in that navigable water
Posted by CajunCommander
FloodZone
Member since Jan 2015
1843 posts
Posted on 12/7/16 at 9:18 am to
Can you duck hunt in the left pond?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81600 posts
Posted on 12/7/16 at 9:18 am to
quote:

So let's say you own some bottomland hardwoods. If the river comes up and your property floods you have no problem with me motoring in this "navigable" body of water and shooting ducks in there and fishing while I'm at it. After all it's public fish and game in that navigable water


Which has been litigated, and the landowners win every time.
Posted by Dock Holiday
Member since Sep 2015
1632 posts
Posted on 12/7/16 at 9:20 am to
quote:

AlxTgr


quote:

Barf


It's always entertainment when you two guys end up in the same thread together... but I digress...
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5132 posts
Posted on 12/7/16 at 9:21 am to
Yep
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5132 posts
Posted on 12/7/16 at 9:21 am to
Yes you can hunt that pond legally
Posted by Mung
NorCal
Member since Aug 2007
9054 posts
Posted on 12/7/16 at 9:22 am to
You're mixed up. Tide has nothing to do with it. Was the waterway navigable in 1812 when La came into the Union? If so, public. If not, private.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81600 posts
Posted on 12/7/16 at 9:25 am to
Tidal is just the most difficult to explain, and people want to treat it differently for some reason.
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