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KALB: "Off Limits: Third Circuit rules Catahoula Lake is private land"
Posted on 12/28/18 at 5:54 pm
Posted on 12/28/18 at 5:54 pm
LOUISIANA (KALB) - A popular duck hunting spot in Louisiana will remain off limits for public use after a ruling from the Third Circuit Court of Appeal. The court ruled in favor with the lower court that Catahoula Lake is private land, which could cut off public hunting in the area.
It has been a little-known controversy for around 11 years. Catahoula Lake, a popular duck hunting and fishing spot in Cenla, may become off limits.
In 2006, Steve and Era Crooks filed a class action lawsuit against the state of Louisiana that said the landowners surrounding the lake are actually owners of the lake.
More than a year ago in the 9th JDC in Rapides Parish, Ad-hoc Judge James Boddie ruled in favor of the Crooks' in "Crooks vs State” saying the state had unlawfully expropriated the river banks, owing the landowners $38 million in damages as well as $4.5 million in unpaid oil and gas royalties, after oil drilling has been taking place in the area throughout the years.
More than a year later, the Third Circuit Court of Appeal agrees with the lower court that Catahoula Lake is private land. The Third Circuit did make one exception by lowering attorney fees for the state.
It all comes down to what is that body of water. If it's defined as a lake, it's state property and stays public. If it's deemed a river, then it's private property. The Third Circuit ruled that it's legally a river. Which will put it in the hands of the private landowners.
The state could appeal to the Louisiana Supreme Court, but it's unknown right now if it plans to, or if the Supreme Court will accept the case.
KALB Link
It has been a little-known controversy for around 11 years. Catahoula Lake, a popular duck hunting and fishing spot in Cenla, may become off limits.
In 2006, Steve and Era Crooks filed a class action lawsuit against the state of Louisiana that said the landowners surrounding the lake are actually owners of the lake.
More than a year ago in the 9th JDC in Rapides Parish, Ad-hoc Judge James Boddie ruled in favor of the Crooks' in "Crooks vs State” saying the state had unlawfully expropriated the river banks, owing the landowners $38 million in damages as well as $4.5 million in unpaid oil and gas royalties, after oil drilling has been taking place in the area throughout the years.
More than a year later, the Third Circuit Court of Appeal agrees with the lower court that Catahoula Lake is private land. The Third Circuit did make one exception by lowering attorney fees for the state.
It all comes down to what is that body of water. If it's defined as a lake, it's state property and stays public. If it's deemed a river, then it's private property. The Third Circuit ruled that it's legally a river. Which will put it in the hands of the private landowners.
The state could appeal to the Louisiana Supreme Court, but it's unknown right now if it plans to, or if the Supreme Court will accept the case.
KALB Link
Posted on 12/28/18 at 6:08 pm to MrLSU
that ecosystem should've never been impounded in the first place
Posted on 12/28/18 at 6:17 pm to MrLSU
quote:
More than a year ago in the 9th JDC in Rapides Parish, Ad-hoc Judge James Boddie ruled in favor of the Crooks' in "Crooks vs State” saying the state had unlawfully expropriated the river banks, owing the landowners $38 million in damages as well as $4.5 million in unpaid oil and gas royalties, after oil drilling has been taking place in the area throughout the years.
There is so.much.Louisiana in this one sentence.
Posted on 12/28/18 at 6:23 pm to MrLSU
Uncle used to take my brother and me fishing there when we were kids, specifically remember people scooping gar and choupique out of the rushing water from the locks with nets. I remember asking my uncle why we didn’t do what they were doing cause it looked much easier then what we were doing. He said trash fish for trashy people and that was that.
Posted on 12/28/18 at 6:27 pm to MrLSU
quote:
Judge James Boddie ruled in favor of the Crooks
Posted on 12/28/18 at 6:33 pm to MrLSU
Off topic
If someone is hunting on your land without you knowing and they get injured. Can they sue you?
My family has land on the north shore and we rarely ever check on it. Last time I walked through it I noticed a shitty deer stand that we didn’t put up.
A barb wire fence and no entry sign clearly doesn’t work.
If someone is hunting on your land without you knowing and they get injured. Can they sue you?
My family has land on the north shore and we rarely ever check on it. Last time I walked through it I noticed a shitty deer stand that we didn’t put up.
A barb wire fence and no entry sign clearly doesn’t work.
Posted on 12/28/18 at 6:36 pm to MrLSU
Based on this principle, would this mean everyone who lives on false river own false river and no one can bring their boats out?
Posted on 12/28/18 at 6:38 pm to 9001
quote:false analogy
Based on this principle, would this mean everyone who lives on false river own false river and no one can bring their boats out?
Posted on 12/28/18 at 6:42 pm to MrLSU
Water should be publicly accessed. You can’t own water... except in Loser-anna.
Posted on 12/28/18 at 6:43 pm to ellishughtiger
Yes, just hope you have a competent lawyer and a good judge.
Posted on 12/28/18 at 6:46 pm to OldHickory
quote:
Water should be publicly accessed. You can’t own water... except in Loser-anna.
Disagree completely. What if it’s a 30 acre lake in the middle of my 300 acres? Should that be pubically accessed?
Posted on 12/28/18 at 6:47 pm to ellishughtiger
quote:
If someone is hunting on your land without you knowing and they get injured. Can they sue you?
You're GD right they can.
Will they recover? Depends.
Posted on 12/28/18 at 6:54 pm to ellishughtiger
"If someone is hunting on your land without you knowing and they get injured. Can they sue you?"
A trespasser generally has a limited ability to sue a landowner for injuries.
A trespasser generally has a limited ability to sue a landowner for injuries.
This post was edited on 12/28/18 at 6:55 pm
Posted on 12/28/18 at 6:58 pm to MrLSU
quote:
"Crooks vs State”
Redundant
Posted on 12/28/18 at 7:14 pm to ellishughtiger
Where is this land and how many acres we talking?
Posted on 12/28/18 at 7:20 pm to 9001
So basically, the Crooks to the state to court and the Crooks won. Can you imagine someone citing this case in court?
Posted on 12/28/18 at 7:32 pm to GREENHEAD22
quote:
Where is this land and how many acres we talking?
From Wiki
quote:
Catahoula Lake is the largest natural freshwater lake in the state covering just over 46 square miles (120 km2). It is owned by the State of Louisiana and managed by the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, and the Louisiana Department of Wildlife and Fisheries.
...
There has been controversy over the classification of Catahoula Lake. The area is considered a "salt lake" that was created when seismic activity caused the land to sink. The area has dry and wet period cycles flooding annually from the Little, Red, Ouachita (Black) River, and Mississippi River. To advance the wildlife ecosystem, including ducks, control structures were built to enhance this annual flooding. Every year after June most of the water is drained facilitating flora growth especially Chufa that is also called yellow nutsedge.[2] A lawsuit and district court ruling determined that the area is not a lake but a river. The ramifications of this ruling, that has been appealed to The Third Circuit Court of Appeals, is that as a river it may not be managed for public use.
so... basically... the State & ACoE can no longer manage the lake?
ETA: and it's in Rapides & LaSalle Parishes
This post was edited on 12/28/18 at 7:40 pm
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