- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Property line question
Posted on 3/20/14 at 5:35 pm to farad
Posted on 3/20/14 at 5:35 pm to farad
The waterway you are referring to is likely man-made. Like I said before, in that case it is private. If its a natural bayou that's running water, it's public. That's the law.
Remember just because its the law doesn't mean that's the way a court is going to rule. This is Louisiana after all
Remember just because its the law doesn't mean that's the way a court is going to rule. This is Louisiana after all
2
Posted on 3/20/14 at 5:38 pm to JayWall
You don't have a clue about Louisiana law. The water itself is irrelevant.
Posted on 3/20/14 at 5:44 pm to JayWall
yea it was probably dug years ago for oil and gas exploration...
Posted on 3/20/14 at 5:51 pm to A_bear
In Ms. Joe can put his boat in on his land or land he has legal access to paddle his arse all over the pond/lake. This is commonly asked during duck season and as long as Joe is within the normal high water mark he is legal. If the water rises and Joe wants to go into the timber in his boat he is trespassing.
Posted on 3/20/14 at 5:53 pm to A_bear
In Ms. Joe can put his boat in on his land or land he has legal access to paddle his arse all over the pond/lake. This is commonly asked during duck season and as long as Joe is within the normal high water mark he is legal. If the water rises and Joe wants to go into the timber in his boat he is trespassing.
Posted on 3/20/14 at 5:58 pm to byutgr
The OP wanted to cross property lines in his boat over water.
And the water is irrelevant. You must be one of those Internet lawyers I've heard about
And the water is irrelevant. You must be one of those Internet lawyers I've heard about
Posted on 3/20/14 at 6:07 pm to A_bear
PAGING NASCAR,,, NASCAR TO POND THREAD
DOCTOR RED
STAT.
DOCTOR RED
STAT.
Posted on 3/20/14 at 6:39 pm to JayWall
Insofar as the legal rights of the parties are concerned, and whether the property is public or private, the water itself, and where it came from, is irrelevant. And you are right, I am an internet lawyer. Or a lawyer on the internet, take your pick.
Posted on 3/20/14 at 10:28 pm to A_bear
No it's a pond & not a navigable waterway
Posted on 3/20/14 at 10:43 pm to A_bear
Screw it throw dynamite onto his side of the pond.
Posted on 3/20/14 at 10:46 pm to dawg23
quote:
Not.
All running waters are in fact owned by the state in a public capacity. See la civil code art 450 for your reference.
Posted on 3/21/14 at 12:50 am to JayWall
You literally couldn't be more wrong about this.
Posted on 3/21/14 at 7:33 am to UpToPar
Just wanted to ad something that's missing in here.
1812.
Carry on.
1812.
Carry on.
Posted on 3/21/14 at 7:36 am to AlxTgr
And we have a winner!
Posted on 3/21/14 at 7:40 am to Solicitor
It is a lot more complicated than the literal interpretation of one Code article. The second paragraph of Article 450 says that "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." See comment (f) under La. Civil Code Article 450 wherein it is stated that the term "natural navigable water bodies" refers to inland waters the bottoms of which belong to the state either by virtue of its inherent sovereignty or by virtue of other modes of acquisition, including expropriation. Artificial waterways located on private property for private purposes may, of course, be private things...". If you really want a detailed discussion of the subject see Chapter IV of Yippy's Louisiana Civil Law Treatise on Property. Then you will be right in the thick of the ongoing battle between coastal landowners and fishermen.
This post was edited on 3/21/14 at 8:50 am
Posted on 3/21/14 at 10:25 am to UpToPar
quote:
You literally couldn't be more wrong about this
What an intelligent contribution to this thread.
"Running water" is public. Sorry that you're butt hurt about this.
ETA: Until a court says otherwise, I'm going to fish in all "running waters"
This post was edited on 3/21/14 at 10:36 am
Posted on 3/21/14 at 10:37 am to QuietTiger
quote:
You get your wiring straight.
quote:
QuietTiger
Sorry forgot about this post. if you check back. I kind of got it straight. once you said 4 way switch, I figured it a bit more. Only issue right now Im having is flickering with the light. But I think thats because I have two dimmers on the circuit. Ill throw a switch this weekend instead of one of the dimmers and see if thats my issue
Posted on 3/21/14 at 10:42 am to JayWall
quote:Meh, if I did a canal through my property, and due to the hydrology of the area, water runs through said canal, it's still private. I don't even recall that article being important to these discussions by the courts. When mentioned, you generally see,
"Running water" is public. Sorry that you're butt hurt about this.
quote:
Article 450 did not confer a general right of use upon the public to access private lands by virtue of the overflow waters from a navigable river.
Posted on 3/21/14 at 10:46 am to JayWall
There are places in South Louisiana where I invite you to attempt to do so, and you will be arrested for trespassing if you refuse to leave. The mere fact that the water itself may be public, does not alter the ownership of private waterbottoms, such as a canal constructed on private lands with private funds. There are several Louisiana court cases right on point. Enjoy your fishing trip, but bring bail money.
Posted on 3/21/14 at 10:46 am to JayWall
No, it's not. Not even all "navigable" water is public.
LA defines navigablity of floating a boat of some size to carry men and goods for trade.
Looking at some old textbooks, if both parties own half the the pond, On average both have right of use of the water of the pond. I am assuming for the exact reason the OP is talking about: "who owns the fish?"
LA defines navigablity of floating a boat of some size to carry men and goods for trade.
Looking at some old textbooks, if both parties own half the the pond, On average both have right of use of the water of the pond. I am assuming for the exact reason the OP is talking about: "who owns the fish?"
This post was edited on 3/21/14 at 10:54 am
Page 3 of 5
Popular
Back to top
Follow TigerDroppings for LSU Football News