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re: Gating canals in houma area
Posted on 1/28/16 at 5:33 pm to Mr Wonderful
Posted on 1/28/16 at 5:33 pm to Mr Wonderful
quote:
Look man, believe what you want. I was merely trying to help the OP with an answer. If the canal was priavtely dug through private property it can be gated. If it is a naturally occurring bayou/stream/river/ running water it probably cannot be. That's the law whether you want it to be or not. What is "running water?" I don't know, nor does the LA Supreme Court. It's never really been defined. Most scholars tend to side with the public having a right of use. We have AG Opinions stating they cannot be. Yet you claim it's 100% no. It's not as clear cut as you would like it to be. But there are countless cases from LA State courts that make no mention or relevance of 1812 when determining whether a body of water is navigable. That's for sure. I'm not going to do your research for you. (Eta: State v. 2 o'clock bayou)
Go back to North Dakota School of Law and study back up because your legal analysis is still flawed.
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