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Bill HB4 by Representative Tony Bacala - relative to the crime of criminal trespass

Posted on 4/27/23 at 1:02 pm
Posted by Loup
Ferriday
Member since Apr 2019
16993 posts
Posted on 4/27/23 at 1:02 pm
https://www.legis.la.gov/legis/BillInfo.aspx?s=23rs&b=HB4&sbi=y

Didn't see this posted. It's relevant to our interests.

quote:

Abstract: Provides that the crime of criminal trespass does not apply to any person
operating a watercraft on running waters of the state.
Present law prohibits any person from entering upon, or remaining in or upon, immovable
or movable property owned by another without express, legal, or implied authorization.
Present law further provides that such prohibition shall not apply to any person operating an
unmanned aircraft system in compliance with federal law or Federal Aviation
Administration regulations or authorization.
Proposed law retains present law and further provides that the present law prohibition shall
also not apply to any person operating a watercraft on running waters of the state in
accordance with present law (C.C. Art. 450, 452, 455, or 456)
This post was edited on 4/27/23 at 2:12 pm
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29897 posts
Posted on 4/27/23 at 1:11 pm to
quote:

any person operating a watercraft on running waters of the state



Lot of ambiguity there.

Posted by Theduckhunter
South Louisiana
Member since May 2022
1473 posts
Posted on 4/27/23 at 1:11 pm to
What is the definition of running waters?
Posted by Loup
Ferriday
Member since Apr 2019
16993 posts
Posted on 4/27/23 at 1:15 pm to
quote:

What is the definition of running waters?



I guess anything that ain't a pond.
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29897 posts
Posted on 4/27/23 at 1:16 pm to
quote:

definition of running waters


My uninformed assumption is that this was aimed at river flooding areas, possibly?

I also assume that the "of the state" portion was talking about navigable waters.

But you know what they say about assumptions.


But I could see a guy in a kayak going down a small creek being ok'd by this.
Posted by armsdealer
Member since Feb 2016
12297 posts
Posted on 4/27/23 at 1:19 pm to
This is aimed at any place that use to be land and is now covered in water. This covers huge sections of marsh. It is dumb someone can gate an area of marsh because it was land before any of us was alive. If dumber that cops write people trespassing tickets for being on the water without the boater even being able to tell where they are is someone else's property
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
35091 posts
Posted on 4/27/23 at 1:28 pm to
quote:

It is dumb someone can gate an area of marsh because it was land before any of us was alive. If dumber that cops write people trespassing tickets for being on the water without the boater even being able to tell where they are is someone else's property
They are paying property taxes on it.
Posted by Tiger Prawn
Member since Dec 2016
25860 posts
Posted on 4/27/23 at 1:55 pm to
quote:

My uninformed assumption is that this was aimed at river flooding areas, possibly?
No, its aimed at all the marsh waters that used to be land at the time of statehood. Probably going to have to clean up the bill’s language to avoid grey areas but likely referring to water that is subject to the natural ebbs and flows of tidal movement
Posted by OldHickory
New Orleans
Member since Apr 2012
10820 posts
Posted on 4/27/23 at 2:08 pm to
So this means you’d be able to kayak fish in Lafourche in the marsh off Hwy 1?
Posted by Tiger Prawn
Member since Dec 2016
25860 posts
Posted on 4/27/23 at 2:24 pm to
Sounds like it…as long as you park/launch from a legal location, stay afloat the entire time, and don’t step foot on shore to take a dump in the marsh.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87408 posts
Posted on 4/27/23 at 2:34 pm to
quote:

running waters of the state
quote:

Lot of ambiguity there.



This will change nothing.
Posted by armsdealer
Member since Feb 2016
12297 posts
Posted on 4/27/23 at 3:03 pm to
quote:

They are paying property taxes on it.


Paying the government a tax doesn't mean jack shite to me, and it shouldn't to you either.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87408 posts
Posted on 4/27/23 at 3:27 pm to
quote:

Paying the government a tax doesn't mean jack shite to me
Not surprising.

quote:

and it shouldn't to you either.

Of course it should.
Posted by broadhead
Member since Oct 2014
2562 posts
Posted on 4/27/23 at 3:33 pm to
quote:

Paying the government a tax doesn't mean jack shite to me, and it shouldn't to you either.


If I'm paying property tax on land then it isn't public.
Posted by Big Bill
Down da Bayou
Member since Sep 2015
1650 posts
Posted on 4/27/23 at 3:44 pm to
I'm so tired of hearing the "they pay taxes on it " excuse. Per state law, freshwater marsh is valued at $6/acre on the western coast which is St Mary west. Brackish is $5 and saltwater is $4. The eastern coast is even less. Those values start at $4/acre for freshwater and go down accordingly. The taxes paid are miniscule with the millages involved. You can't own tidal water. Period. Our friends all along the Gulf Coast recognize this. It's mind boggling a few land owners grease a few pockets and the vast majority gets screwed. But we are talking about Louisiana.
Posted by Theduckhunter
South Louisiana
Member since May 2022
1473 posts
Posted on 4/27/23 at 3:51 pm to
So if this passes, would that mean that basically all marsh waters would be open to the public for hunting and fishing?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87408 posts
Posted on 4/27/23 at 3:58 pm to
quote:

I'm so tired of hearing the "they pay taxes on it " excuse.
Why are you tired, and how exactly does excuse fit in here?
Posted by LARancher1991
Baton Rouge
Member since Jul 2015
2252 posts
Posted on 4/27/23 at 4:43 pm to
Any navigable waterway should be public. Not my fault someone bought land susceptible to erosion.
Posted by AyyyBaw
Member since Jan 2020
1244 posts
Posted on 4/27/23 at 4:46 pm to
Sweet! Crabs bout to start runnin in Vermilion!
Posted by OGhunter777
Member since Mar 2012
917 posts
Posted on 4/27/23 at 4:50 pm to
My question is - when someone gets into a boating accident - because it will happen, when there is a 200 HP bass boat running across a duck pond. And someone gets hurt... who gets sued? The state or the land owner? Which is now being determined that they can't legally own.
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