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Started By
Message
Bill HB4 by Representative Tony Bacala - relative to the crime of criminal trespass
Posted on 4/27/23 at 1:02 pm
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.
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 on 4/27/23 at 1:11 pm to Loup
quote:
any person operating a watercraft on running waters of the state
Lot of ambiguity there.
Posted on 4/27/23 at 1:11 pm to Loup
What is the definition of running waters?
Posted on 4/27/23 at 1:15 pm to Theduckhunter
quote:
What is the definition of running waters?
I guess anything that ain't a pond.
Posted on 4/27/23 at 1:16 pm to Theduckhunter
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 on 4/27/23 at 1:19 pm to Loup
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 on 4/27/23 at 1:28 pm to armsdealer
quote:They are paying property taxes on it.
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 on 4/27/23 at 1:55 pm to TigerDeacon
quote: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
My uninformed assumption is that this was aimed at river flooding areas, possibly?
Posted on 4/27/23 at 2:08 pm to Tiger Prawn
So this means you’d be able to kayak fish in Lafourche in the marsh off Hwy 1?
Posted on 4/27/23 at 2:24 pm to OldHickory
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 on 4/27/23 at 2:34 pm to TigerDeacon
quote:
running waters of the state
quote:
Lot of ambiguity there.
This will change nothing.
Posted on 4/27/23 at 3:03 pm to choupiquesushi
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 on 4/27/23 at 3:27 pm to armsdealer
quote:Not surprising.
Paying the government a tax doesn't mean jack shite to me
quote:Of course it should.
and it shouldn't to you either.
Posted on 4/27/23 at 3:33 pm to armsdealer
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 on 4/27/23 at 3:44 pm to armsdealer
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 on 4/27/23 at 3:51 pm to Loup
So if this passes, would that mean that basically all marsh waters would be open to the public for hunting and fishing?
Posted on 4/27/23 at 3:58 pm to Big Bill
quote:Why are you tired, and how exactly does excuse fit in here?
I'm so tired of hearing the "they pay taxes on it " excuse.
Posted on 4/27/23 at 4:43 pm to Loup
Any navigable waterway should be public. Not my fault someone bought land susceptible to erosion.
Posted on 4/27/23 at 4:46 pm to Loup
Sweet! Crabs bout to start runnin in Vermilion!
Posted on 4/27/23 at 4:50 pm to AlxTgr
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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