- 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
0
Posted on 3/21/14 at 11:03 am to AlxTgr
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
See my comments earlier in the thread. Yes, privately dug canals are private. However, if you have a bayou running through your land, you can't prevent others form boating down said bayou.
Yea there are many coonasses in South LA that attempt to do this but that doesn't make it legal.
quote:
The mere fact that the water itself may be public,
That's the point. The water is public. It doesn't mean you can get out the boat or use the bank. But float the boat, you may.
Posted on 3/21/14 at 11:07 am to JayWall
quote:This is true only if it were navigable in 1812.
However, if you have a bayou running through your land, you can't prevent others form boating down said bayou.
quote:This is a meaningless statement. See the trespass cases on high water.
The water is public.
Posted on 3/21/14 at 11:25 am to AlxTgr
Do you have a case (or any law) stating that a land owner may post a natural bayou running through private land?
As in, you can't boat down the bayou.
As in, you can't boat down the bayou.
Posted on 3/21/14 at 11:44 am to AlxTgr
quote:
Do I? It's the law of the State. Navigable in 1812 is the key
For navigability, yes.
I think you're confusing who owns the bed and banks with who owns the water. See the following link for some clarification. Just because a private landowner owns the bed doesn't mean he "owns" the water.
Attorney General's Opinion
Posted on 3/21/14 at 11:48 am to JayWall
quote:What you are saying is not even a concept.
I think you're confusing who owns the bed and banks with who owns the water. See the following link for some clarification. Just because a private landowner owns the bed doesn't mean he "owns" the water.
quote:
Attorney General's Opinion
That's a joke, and counter to every case where this has come up.
If a stream, river or other body of "running water" was not navigable in 1812, the public has no right to travel on it through private property. Period.
Posted on 3/21/14 at 11:53 am to AlxTgr
I'm sorry you are unable to grasp the concept that bed/bank ownership is separate from water ownership.
Posted on 3/21/14 at 11:57 am to AlxTgr
I am fairly certain from reading Alex's posts the he is a Louisiana lawyer. JW, if you are a Louisiana lawyer, you must have slept through your Civil Law Property class.
Posted on 3/21/14 at 11:57 am to AlxTgr
I think we've deviated slightly from the call of the question. The water body is a pond on private land that is split by two property owners. Each owner owns their side of the bank and to the thread of the bed of the pond (half of the bed). As for the water, both may enter the pond from their side of the bank and fish any part of the water they may navigate. Obviously the pond is non-navigable and most likely stagnant. The two land owners are the only two that can fish the pond.
Posted on 3/21/14 at 12:17 pm to byutgr
If he really is a lawyer that's actually sad. If you can't differentiate the basic concepts of bed/bank ownership vs water ownership then you have no business being a lawyer.
Posted on 3/21/14 at 12:33 pm to JayWall
quote:
If he really is a lawyer that's actually sad. If you can't differentiate the basic concepts of bed/bank ownership vs water ownership then you have no business being a lawyer
Just because you can't seem to understand what he is saying, doesn't mean he doesn't understand it.
Posted on 3/21/14 at 12:40 pm to JayWall
mr wall, I'd love to invite you down here and just settle all these cases in the courts right now that the judges can't seem to settle. you seem to know much more than our dumas lawyers and judges, and in fact, the whole state of la. if you can't,, why not just stfu?
Posted on 3/21/14 at 1:23 pm to Ole Geauxt
Not to worry my friend. I know and understand the law. I also know that judges don't actually apply the "law" in all circumstance. It's politics.
You, on the other hand, are probably some old fart that thinks he can keep me from fishing in a public bayou simply because you've done it for years. Maybe we'll cross paths one day and I'll show your old arse that I have every right to use all the public waters of the state.
You, on the other hand, are probably some old fart that thinks he can keep me from fishing in a public bayou simply because you've done it for years. Maybe we'll cross paths one day and I'll show your old arse that I have every right to use all the public waters of the state.
Posted on 3/21/14 at 1:23 pm to JayWall
quote:Water ownership? You have no idea what you're talking about. We are talking about trespass vs non-trespass. If you want to talk about irrigation, go to the irrigation thread. If you want to talk about right to be somewhere you better start typing "1812" a whole lot more.
I'm sorry you are unable to grasp the concept that bed/bank ownership is separate from water ownership.
Posted on 3/21/14 at 1:27 pm to JayWall
quote:
I'll show your old arse that I have every right to use all the public waters of the state.
there is so much loser in this statement, I don't know where to start. The great thing Jay, is you wont understand all the wonderful hilarious reasons.
Posted on 3/21/14 at 1:30 pm to tigerfoot
I don't have time to be entertained by you clowns anymore. Got to go get the boat ready to fish in some public water tomorrow like the Attorney General says I can.
Posted on 3/21/14 at 1:33 pm to JayWall
quote:Not one person here is saying that you can't access public water. The atty gen. opinion assumes that the cananl in quest is in fact the Amite River. Guess what? The Amite was navigable in 1812. You simply don't understand what it takes to make a waterway public.
Got to go get the boat ready to fish in some public water tomorrow like the Attorney General says I can.
Posted on 3/21/14 at 1:40 pm to JayWall
quote:
Not to worry my friend. I know and understand the law. I also know that judges don't actually apply the "law" in all circumstance. It's politics.
Sorry, I just got it. I am slow on the troll uptake. Sorry I didn't recognize you for what you are.
Posted on 3/21/14 at 1:43 pm to TigerDeacon
quote:Sounds like he has been to the 12th JDC to me.
Sorry, I just got it. I am slow on the troll uptake. Sorry I didn't recognize you for what you are.
Page 4 of 5
Popular
Back to top
Follow TigerDroppings for LSU Football News