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re: Catahoula Lake could become off limits to duck hunters
Posted on 1/31/20 at 1:59 pm to demtigers73
Posted on 1/31/20 at 1:59 pm to demtigers73
quote:
I heard it on the news at 12 today, is there something since then?
I believe it was upheld as private land but the landowners are not owed any damages. There may be some issues with mineral rights but I am not sure how that will shake out.
Posted on 1/31/20 at 2:07 pm to demtigers73
quote:The damages for the inverse condemnation are gone. The court upheld only the mineral rights revenues.
is there something since then?
Posted on 1/31/20 at 2:11 pm to AlxTgr
Ok wow, KALB reported it wrong then at lunch today. I even hit rewind because I couldn’t believe what she said.
This post was edited on 1/31/20 at 2:13 pm
Posted on 1/31/20 at 2:35 pm to demtigers73
quote:
For the reasons expressed herein, the court of appeal judgment is reversed, in
part, insofar as it upheld the award of $28,745,438.40, and the interest thereon, to
the Lake Plaintiffs, and the award of $9,550,800.00, and the interest thereon, to the
Swamp Plaintiffs, the owners of the overflow lands, for compensation for the inverse
condemnation of their lands by the State
Posted on 1/31/20 at 2:40 pm to AlxTgr
Fun fact:
The trial judge was appointed from another Parish, James H. Boddie Jr. The La. Suprme court had a bunch of ad hoc justices for various reasons. look at this:
The trial judge was appointed from another Parish, James H. Boddie Jr. The La. Suprme court had a bunch of ad hoc justices for various reasons. look at this:
quote:
Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, heard
this case as Justice pro tempore, sitting in the vacant seat for District 1 of the
Supreme Court. She is now appearing as an ad hoc for Justice William J.
Crain. Retired Judge James H. Boddie, Jr., appointed Justice ad hoc, sitting
for Justice Marcus R. Clark. Retired Judge Robert Kostelka, appointed as
Justice ad hoc, sitting for Justice Genovese, recused.
Posted on 1/31/20 at 2:58 pm to AlxTgr
What’s the inside scoops on dees justices?
Posted on 1/31/20 at 3:10 pm to KemoSabe65
I have none. I just find it odd that one of the justices recused himself because he was on third circuit when they affirmed the trial court, yet the trial judge himself is appointed ad hoc to here the case at the supreme court.
Posted on 1/31/20 at 10:10 pm to AlxTgr
Seems like I remember Larry talking about willows and such taking the lake bed over without management. Doubt that more than a handful of private owners will be able to keep up with management. Seems like a bad thing for central LA duck hunting in general, right?
Posted on 1/31/20 at 10:21 pm to BLM
At one point they stopped the practice of discing around blinds, even though it dropped the lead pellets down out of reach of ducks.
Posted on 1/31/20 at 10:49 pm to BLM
I don't hunt there so dont care but the lake is now private? Completely? Wonder what is going to happen in regards to the flooding of it and management?
This post was edited on 1/31/20 at 10:50 pm
Posted on 2/1/20 at 6:54 am to GREENHEAD22
I sent an email to a guy at wlf and he responded that he didn't know, but would pass it on to the person who does. I'll update if I get another response. My guess is they leave diversion canal structure open.
Posted on 2/1/20 at 8:39 am to AlxTgr
As they should. If they want to lease blinds, let the landowners put in levees and control their own water for the $8000 per blind they will ask, the same as farmers have to do in their ag fields.
Posted on 2/1/20 at 10:38 am to KemoSabe65
quote:
become off limits to duck hunters by KemoSabe65
What’s the inside scoops on dees justices?
Susan lived four doors down from me in metry. Years ago
Posted on 2/1/20 at 1:59 pm to AlxTgr
Read the dissenting view. The time for prescription is over for both points of reference. First, when the state declared it was a lake and the state claimed ownership. I think that was in 1890 something. Second, in 1973 when the diversion canal was was completed. It has been well past 30 years since both of those events. Crooks didn’t own the land he has in 1973 either. The justices did some mental gymnastics to justify their ruling.
Posted on 2/7/20 at 8:46 am to Catahoula20LSU
Statement from Mike Johnson, a local State Rep:
quote:
Large crowd at this month’s “Catahoula Lake Game and Fish Preserve Commission” meeting tonight in Jena.
I am working with our Attorney General and other members of our Legislature to preserve the public’s continued access and use of the Lake by whatever means possible. I delivered a statement to the Commission this evening from Attorney General Jeff Landry confirming that commitment.
The statement reads as follows:
Last Wednesday, the Louisiana Supreme Court issued a ruling that saves Louisiana taxpayers from a nearly $67 million judgment for the construction and operation of a federally-funded lock and dam on Catahoula Lake. This brings the total State savings on this case to date to nearly $89 million. This decision also struck down a nearly twenty-year-old ruling from the Louisiana Third Circuit Court of Appeal allowing for such suits, thus substantially minimizing the chances of similar suits on other lakes in Louisiana in the future.
What remains unclear or outstanding in this case are questions regarding the extent of public access to Catahoula Lake and some mineral royalties previously paid to the State. However, it is important to bear in mind that, even with the current ruling, between the State of Louisiana and the United States, public ownership of large swaths of Catahoula Lake continues. Indeed, under the recent ruling, nearly half of the Lake is owned by one of these two public entities. This reality ensures continued public access to at least roughly half of the Lake forever.
Nonetheless, the relevant State agencies, under the leadership of Attorney General Jeff Landry, have determined that it is appropriate to seek reconsideration of these outstanding issues at the Louisiana Supreme Court. The deadline to file an application for rehearing is Wednesday, February 12, 2020. During the pendency of this request for rehearing, the status quo for access to and use of all of Catahoula Lake will be maintained. Because of the briefing periods allowed for such requests, even if denied, it is expected that this status quo will continue for a month or more.
Attorney General Jeff Landry is also currently working with stakeholders to evaluate all legal options available should the Court deny the application for rehearing, including mechanisms to maintain public accessibility of the entire Lake in the future. These efforts also include considering possible legislative changes and corrections to existing law that would support and protect Louisiana’s reputation as a “Sportsmen’s Paradise.”
It is too early to speculate about potential outcomes beyond the submission of the request for rehearing to the Louisiana Supreme Court, but various contingency plans are being made for multiple potential outcomes to protect the rights of sportsmen to both access and harvest from our State’s bountiful waters, especially those of Catahoula Lake.
Office of Louisiana Attorney General Jeff Landry
Posted on 2/7/20 at 9:07 am to AlxTgr
quote:
These efforts also include considering possible legislative changes and corrections to existing law that would support and protect Louisiana’s reputation as a “Sportsmen’s Paradise.”
Sounds like we may be getting some legislation around navigable water ways again.
Posted on 2/7/20 at 9:17 am to Drunken Crawfish
quote:They better be careful. $$$$
Sounds like we may be getting some legislation around navigable water ways again.
Posted on 2/7/20 at 11:09 am to AlxTgr
So they are throwing in the towel on half the lake? Any idea how the divide will look? Bet those necks were Toting pitch forks at that meeting.
Would you pull levees and add out blinds or stay with platform blinds if you leased them out?
Would you pull levees and add out blinds or stay with platform blinds if you leased them out?
Posted on 2/7/20 at 11:45 am to AlxTgr
If the state has 30 yrs, and they're reasonably confident, can they file a "action to quiet title" and be done...until appeal if they win??
Posted on 2/7/20 at 1:19 pm to White Bear
If you mean aquisitive prescription, then no. The court ruled that the State cannot prescribe against individuals.
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