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re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted on 4/19/18 at 1:19 pm to Dam Guide
Posted on 4/19/18 at 1:19 pm to Dam Guide
quote:
Yeah, it's a terrible way to manage land. It should be changed. I know land owners don't want to give a single inch of their land, but unfortunately what they purchased has changed a lot since the 1800s. Louisiana needs to have some mechanism to protect it's assets like pretty much every other state in the union.
How do you suggest land owners going about getting compensated for the change? Are citizens ok with tax dollars going to paying such compensation to landowners?
Also, will landowners be compensated as boats make their way onto their property during high water times and begin to tear the land up with surface drives?
Finally, due to the state putting in dams and control structures, will the state then purchase the land they impacted due to raising the low water mark along rivers on what was private land?
So many questions in this Pandora's box of a problem. That is more than just, "Derp, you can't own the what I can get to with a boat..."
There is already precedent and laws that protect the land owners, to reverse that is going to require beyond a simple committee vote.
Posted on 4/19/18 at 1:25 pm to Scrowe
Maybe just look at how Mississippi, Texas and Alabama handle their water access and model a law off their laws. I don't believe the taxpayers in those states pay the water bottom owners any money to access the public water over their water bottoms. That may be too simplistic of an approach for us and God only knows our legislators can't even balance a budget unless its during a special session and a proverbial gun is to their heads.
Posted on 4/19/18 at 1:41 pm to Scrowe
quote:
How do you suggest land owners going about getting compensated for the change? Are citizens ok with tax dollars going to paying such compensation to landowners? Also, will landowners be compensated as boats make their way onto their property during high water times and begin to tear the land up with surface drives? Finally, due to the state putting in dams and control structures, will the state then purchase the land they impacted due to raising the low water mark along rivers on what was private land? So many questions in this Pandora's box of a problem. That is more than just, "Derp, you can't own the what I can get to with a boat..." There is already precedent and laws that protect the land owners, to reverse that is going to require beyond a simple committee vote.
They wouldn’t be compensated, Louisiana would just take it if they changed the public trust document because it wouldn’t be the land owners land anymore. There is precedent that already exists for this outside your state federally, the only thing that protects land owners in Louisiana is the public trust document for what is navigable waters. If it is changed, that’s the only thing that needs to happen for land owners to lose what they thought was their property. You can go to court and fight it if you want, that would be your option.
This is all a big what if though.
This post was edited on 4/19/18 at 1:45 pm
Posted on 4/19/18 at 1:53 pm to Scrowe
quote:
Finally, due to the state putting in dams and control structures, will the state then purchase the land they impacted due to raising the low water mark along rivers on what was private land?
This is something often overlooked. Terrebonne Parish has put in these new levees and everything south of them floods if there is more than 2 days of south winds. IMO, this levee installation amounts to a taking since my camp property is flooded with 1-5" or more of water many times a year. This didn't happen before the levee.
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