re: BASS Makes Louisiana "Off Limits"

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Haha, why am I not surprised?

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What is it you think you are doing?

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So a current law doing it is fine, but if a new law were passed or the current one revised to reflect that all navigable waters, whether natural or manmade, regardless of the 1812 maps, would be public, that's wrong?

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It would be a taking.

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If it's capable of supporting commerce year-round (obviously some lakes are cut off from navigable waters, like in Walker Land vs ECPPJ, so they are not navigable and cannot support commerce year-round), it should be public, regardless of what it was 200 years ago.

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I don't deal with shoulds. We can do shoulds with all kinds of things.

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And the fact that, in this state, the only waters that are considered navigable are those that were natural in 1812 is as asinine as that statement.

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See, you're using navigable wrong. The question is, was it navigable in 1812 to determine if it's a public thing or not. Navigable, by itself has no real meaning in this context.

Whether a specific body of water is considered a public thing or not.

Two courts in Louisiana have used navigable to determine if a waterbody was public or not (Walker Lands v. ECPPJ, as well as Ramsey River Road v. Reeves).

In Walker Lands v. ECPPJ, the court specifically stated that the lake and ditch were private property because they were not "navigable in fact", and thus were not "navigable in law".

I thought you knew this topic?

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In your opionion what defines commerce?

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The difficult part for me is whether a fishing guide would be considered "commerce" in the same way a commercial fisherman or a shipping vessel would be. Obviously, a large cargo ship isn't going to use a small bayou or canal.

The Corps of Engineers determined that over 2,800 miles of waterways in south Louisiana qualify as navigable. What they used to make that determination, I do not know.

Obviously, what water commerce has evolved since 1812, which makes this entire topic murky. The last trenasse and oil field canal were not dug prior to 1812, yet all of those are private because the law is based on a 200 year old map.

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Asking YOUR opinion

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Wasn't responding to you.

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Walker Lands v. ECPPJ

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The trial court received extensive evidence from both parties concerning the creation and ownership of Gassoway Lake. At trial, it was determined that Gassoway Lake did not exist in 1812,4 the year Louisiana was admitted into the Union. The land where Gassoway Lake now sits was either woods or farmland in 1812, west of the Mississippi River. When the Mississippi River shifted westward before approximately 1880, it flowed over this dry land. When the Mississippi River shifted eastward, private riparian landowners acquired the land, which includes Gassoway Lake and the drainage ditch, and have owned it ever since, with Walker Lands having purchased the land in 1974. Since 1960, all owners of the land and Gassoway Lake have prohibited access to it.

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In Walker Lands v. ECPPJ, the court specifically stated that the lake and ditch were private property because they were not "navigable in fact", and thus were not "navigable in law".

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If they are not navigable, then they don't even enter this discussion

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I thought you knew this topic?

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Why be such a twit if you insist on having a discussion?

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You just said navigable has no place in the context of whether a water is public or not, then directly quote the court case where they said it was private because it was not "navigable in fact" and thus not "navigable in law". So which is it?

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None of us are going to want to fish it, so it's not relevant

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Only you would describe someone as a "twit".

You flat out said something, and then can't accept that you were WRONG.

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Do you have a disability you're not disclosing?

That's your prerogative

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And Alx post "Why be such a twit if you insist on having a discussion?"
Boy! That's the pot calling the kettle...

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Seriously? Have you actually read that guy's posts?

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Alx...is a debater that won't allow itself to be narrowed into a corner...always elusive

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It's not my fault these people leave topic.