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re: Private vs public water in tidal navigable waterways
Posted on 12/8/16 at 11:52 am to Barf
Posted on 12/8/16 at 11:52 am to Barf
If you all think man made canals should stay private what the heck are you guys arguing about?
Where are these natural navigable waterways created or formed after 1812 that you think should be public?
We need to know where to direct our anger
Where are these natural navigable waterways created or formed after 1812 that you think should be public?
We need to know where to direct our anger
1
Posted on 12/8/16 at 12:43 pm to Ron Cheramie
The Louisiana Public Trust Doctrine is an interesting read.
An excerpt from 1992 Louisiana Law Review of The Doctrine:
The geographical extent of the public trust waterbottoms transferred to the states under the equal footing doctrine has been established by a long line of United States Supreme Court cases. The latest Supreme Court pronouncement on the geographical scope of the pubic trust doctrine, Phillips Petroleum, makes perfectly clear that the trust has historically extended and presently extends to all waters affected by the edd and flow of the tide, whether or not navigable, as well as to nontidal waters.
The publics rights of use protected by the public trust doctrine are not limited to navigation, commerce, and fishing. Other uses protected by the public trust doctrine include traditional recreational uses such as swimming and hunting, and recently recognizes uses such as environmental protection.
An excerpt from 1992 Louisiana Law Review of The Doctrine:
The geographical extent of the public trust waterbottoms transferred to the states under the equal footing doctrine has been established by a long line of United States Supreme Court cases. The latest Supreme Court pronouncement on the geographical scope of the pubic trust doctrine, Phillips Petroleum, makes perfectly clear that the trust has historically extended and presently extends to all waters affected by the edd and flow of the tide, whether or not navigable, as well as to nontidal waters.
The publics rights of use protected by the public trust doctrine are not limited to navigation, commerce, and fishing. Other uses protected by the public trust doctrine include traditional recreational uses such as swimming and hunting, and recently recognizes uses such as environmental protection.
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