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re: KALB: "Off Limits: Third Circuit rules Catahoula Lake is private land"

Posted on 12/28/18 at 7:38 pm to
Posted by GREENHEAD22
Member since Nov 2009
20839 posts
Posted on 12/28/18 at 7:38 pm to
Yea... that was directed at ellis and the land on the northshore. Thanks though.
This post was edited on 12/28/18 at 7:40 pm
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
74795 posts
Posted on 12/28/18 at 9:09 pm to
quote:

Should that be pubically accessed?
“pubically”?

Posted by PinevilleTiger
Pineville, LA
Member since Sep 2005
6382 posts
Posted on 12/28/18 at 9:12 pm to
So now, like the coastal marsh, only the wealthy will be able to hunt Catahoula. Sad.
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
157287 posts
Posted on 12/28/18 at 9:19 pm to
quote:

quote:

quote:

Based on this principle, would this mean everyone who lives on false river own false river and no one can bring their boats out?
false analogy
How so?
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
74795 posts
Posted on 12/28/18 at 9:19 pm to
quote:

So now, like the coastal marsh, only the wealthy will be able to hunt Catahoula.

Sad.
Only if you’re poor.

Marxism (what you’re advocating) works wonderfully, ask anyone who is smart AND wise.
This post was edited on 12/28/18 at 9:21 pm
Posted by East Coast Band
Member since Nov 2010
66950 posts
Posted on 12/28/18 at 9:23 pm to
How about an aerial photo of the area for reference?
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
74795 posts
Posted on 12/28/18 at 9:30 pm to
Posted by kingbob
Sorrento, LA
Member since Nov 2010
70438 posts
Posted on 12/28/18 at 9:33 pm to
This is bad reporting. Catahoula Lake being a river does NOT mean it is closed off for being in a boat on the water. Catahoula Lake is navigable, which makes everything below the mean low water mark state property. However, what this debate is over is whether or not it's a river or a lake. If it's a river, then land that builds up as alluvium belongs to the riparian owner (the land owner along the shore). However, if it's a lake, then that new land is owned by the state. The debate is over land leased for hunting and mineral exploration along the banks which was deposited over previous decades of erosion and deposition. If it's a lake, the state was right in issuing those leases and profiting from them. If it's a river, then that land belongs to those riparian owners, and the state owes them money for leasing out something that didn't belong to them.

Unless the court also were to find that Catahoula Lake is not navigable or that it is a privately built man-made lake, those riparian land owners cannot restrict boaters from using those waters.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
70438 posts
Posted on 12/28/18 at 9:37 pm to
quote:

Based on this principle, would this mean everyone who lives on false river own false river and no one can bring their boats out?
false analogy
How so?


False River is an oxbow lake of the Mississippi River, meaning it was once a part of the River that was cut off by the River changing its course in a flood or by the construction of levees to shorten its course. There are specific code articles pertaining to oxbow lakes.
Posted by CajunTiger92
Member since Dec 2007
2868 posts
Posted on 12/28/18 at 10:01 pm to
If you live in Louisiana and have home owners insurance, your home owners liability policy may cover you as long as no one has a camp or similar type of structure on the property.
Posted by dallastigers
Member since Dec 2003
10589 posts
Posted on 12/28/18 at 10:20 pm to
quote:

Catahoula Lake is navigable, which makes everything below the mean low water mark state property


I don’t know anything about this lake, but do the flood controls effect how much of this is navigable & how much alluvium has built up that is in dispute?
Posted by Rebel
Graceland
Member since Jan 2005
143774 posts
Posted on 12/28/18 at 10:33 pm to
I have a camp in Alligator Bayou so I approve of this ruling.

Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 12/28/18 at 10:36 pm to
quote:

How so?


A better analogy would be the State damming the MS and claiming it owns everything that is flooded and that the MS is no longer a river, while this happens from time to time elsewhere the state is required to purchase the land first.

The state is either going to have to seize the land under imminent domain and pay for it or the land is private and the landowners are owed money.

Posted by kingbob
Sorrento, LA
Member since Nov 2010
70438 posts
Posted on 12/28/18 at 10:38 pm to
quote:

but do the flood controls effect how much of this is navigable & how much alluvium has built up that is in dispute?


After looking more into the lake, only the central channel (i.e. the river) is consistently navigable. The rest is extremely shallow and only flooded due to those control structures. This is a really interesting case, then. If a lake not navigable, it can be privately owned or owned by the state in its private capacity. Since everyone is fighting over this wide swath of territory which by and large has only 6"-2' of water on it, it could be pretty iffy who owns it, especially if it's only flooded part of the year. The fact that the government causes the flooding could have a significant impact on who should own it.
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
61157 posts
Posted on 12/28/18 at 10:50 pm to
That’s an interesting case for sure. When the MS River floods, as far as as I know, if you can get somewhere by boat from a launch, you can fish it or hunt it. MS or LA rules depend on where you launched from. IIRC.

It’s publicly accessible when flooded.

Used to have Boy Scout camp-outs there.
This post was edited on 12/28/18 at 10:53 pm
Posted by tigerbandpiccolo
Member since Oct 2005
49477 posts
Posted on 12/28/18 at 10:57 pm to
My dad and paw paw have owned a camp right on catahoula for almost 40 years. I grew up fishing and hunting on catahoula, and there have been many frustrating situations out there over the last several years. I’m surprised my dad didn’t bring this up at Christmas.
This post was edited on 12/28/18 at 10:58 pm
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
61157 posts
Posted on 12/28/18 at 11:00 pm to
We had access on the other side of Hwy 28, but kept to our side after a season of shitty hunts with people duck hunting too close to each other..
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 12/29/18 at 1:07 am to
quote:

That’s an interesting case for sure. When the MS River floods, as far as as I know, if you can get somewhere by boat from a launch, you can fish it or hunt it.


Absolutely incorrect in both La and MS.
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