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re: HR 391 (Water Access Rights) Passes 5-3 in committee

Posted on 4/19/18 at 2:20 pm to
Posted by OverboredTgr
Member since Apr 2018
82 posts
Posted on 4/19/18 at 2:20 pm to
quote:

Hold up swole up, not so fast. Most of us proponents still want access to all public resources


The public resource is public through statute for the purpose of regulation not ownership. The state has to be able to regulate the resource ... has nothing to do with accessing the resource. Which could help those that want to understand why that argument doesn't apply.
Posted by Motorboat
At the camp
Member since Oct 2007
22755 posts
Posted on 4/19/18 at 2:22 pm to
quote:

The state has to be able to regulate the resource ... has nothing to do with accessing the resource. Which could help those that want to understand why that argument doesn't apply.


exactly.

As far as the airplane example, the trespassing law prohibits a drone from from hovering over private property.
Posted by rsoudelier1
Houma
Member since Sep 2017
59 posts
Posted on 4/19/18 at 2:26 pm to
Well maybe just maybe we could take a page from our neighbors to the west and pass a bill similar to the 1929 law popularly known as the “Small Bill, the law’s major effect was to give some adjoining landowners the royalties from oil and gas under the stream bed. Significantly, the Small Bill declared that it did not impair the rights of the general public and the State in the waters of streams. Thus, along a navigable stream, even if the landowner’s deed includes the bed, and taxes are being paid on the bed, the public retains its right to use it as a navigable stream.

Hope springs eternal
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