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

2017 Louisiana Laws
Revised Statutes
TITLE 9 - Civil Code-Ancillaries
RS 9:2795 - Limitation of liability of landowner of property used for recreational purposes; property owned by the Department of Wildlife and Fisheries; parks owned by public entities

Liability is limited. Taxes(if you call it taxes) is very low because they use a marshland/wasteland classification. Sometimes 40 cents per acre. The water by statute belongs to the public. It was taken by landowners that dug canals for oil and gas exploration. They have the option to fill in the canals and then it is their land without question. Til then they are stealing the public's water and everything in the water for and charging the public or stopping public access to the resources the public owns. Fill up your canals you dug and the problem is solved. Take the public's assets access should be allowed.

quote:

---

operating a watercraft on running waters of the state.

---

Really changes nothing

Doesn’t mention hunting, fishing, trapping

Just says you can traverse it

It at least keeps someone from being a felon and all that goes with that for crossing an invisible line in open water. But the old saying goes...How do you eat an elephant.....One bite at a time For 40 years no one has given a good answer as to why this marshland is classified as wasteland for tax reasons. According to the constitutional convention transcripts from the "70s it started as a move to save family farms. The taxes on the farmland was getting too high due to urban expansion so they proposed a lower tax to keep family farming operation from having to sell out. In typical louisiana fashion, to get it passed the North LA timber companies jumped on with a timber exemption, then not to be outdone, South louisiana added the Marshland/wasteland classification. There is language in the transcripts that fishing and hunting was mentioned in these discussions. So here we are today giving major tax breaks, almost exemptions to corporations around the country that own the marsh now. A good start would be if you don't allow public access over the water bottoms you own you forfeit the marshland classification and pay tax the same way every other taxpayer in the parishes pay it,,tax based on value and assess it properly.

If you read through the code of federal regulations that the COE uses and other feds we are already there. Its just not recognized in La.because of a couple (one in particular) court rulings that are totally different situations. Another big issue is the ruling puts a date, I think 1812 as the maps used for navigation which is really silly. But, if using an 1812 map is ok why is not using 1812 rules of commerce? A normal mode of commerce back then was a canoe? Pirogue?. So if you can canoe it it should be open for commerce, hence navigable water. This is a very interesting subject, and I think both sides of it has good arguments.

I don't think its anywhere in the original bill. That's probably by design as there is no definition of navigable water in the statutes (or so they say). There is a different section that clearly defines navigable water as just that, water that is navigable but they say that does not apply. Too many lawyers.........

Highly unlikely that this passes. They postponed until another date that is currently unknown.

Marshland, timber land and agriculture land is not taxed by the market value, they are taxed @ 15% of the use value.

quote:

---

Marshland, timber land and agriculture land is not taxed by the millages, they are taxed @ 15% of the use value.

---

Use value ag and timber, horticulture and marsh land, fmv x10% UV x 10% = assessed value x millage = tax due.