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Message

re: Fishing/boating on someone else’s property to remain illegal

Posted on 5/1/19 at 11:28 am to
Posted by Wacker
South Louisiana
Member since Jul 2014
306 posts
Posted on 5/1/19 at 11:28 am to
Yes, we have a lot more man made canals that have resulted in faster coastal erosion , that the public tax dollars pay to rebuild, yet the public does not have access to
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
40594 posts
Posted on 5/1/19 at 11:33 am to
quote:

we have a lot more man made canals that have resulted in faster coastal erosion , that the public tax dollars pay to rebuild, yet the public does not have access to


I feel like I hear this talking point repeated often.

Where exactly is the state rebuilding marsh on private land at the expense of tax payers?
Posted by KemoSabe65
70605
Member since Mar 2018
6458 posts
Posted on 5/1/19 at 12:21 pm to
Was asked to leave a private marsh sat for the first time evah. My guys from Tx were incredulous that water can be private. I asked them to remain quiet until we left.
Posted by Wacker
South Louisiana
Member since Jul 2014
306 posts
Posted on 5/1/19 at 12:23 pm to
The CPRA representative on the task force gave a presentation on how they do restoration on private land and after the work is completed they turn over the land to the private owner and the state gets nothing
Posted by Wacker
South Louisiana
Member since Jul 2014
306 posts
Posted on 5/1/19 at 12:26 pm to
Research Integrated Coastal Protection Land Rights Acquisition..... CPRA...
Posted by Bedhog
Denham Springs
Member since Apr 2019
3741 posts
Posted on 5/1/19 at 12:27 pm to
quote:

the “public water “
What about public air?


what's your deal man?
Posted by SoFla Tideroller
South Florida
Member since Apr 2010
39234 posts
Posted on 5/1/19 at 12:43 pm to
You think LA has that many more canals than FL?
Posted by Elusiveporpi
Below I-10
Member since Feb 2011
2711 posts
Posted on 5/1/19 at 1:32 pm to
If the land that the state is protecting is not publicly accessible, whats the point. The state needs to start a seawall along the below marked area where its action are protecting only the public resources. (I'm sure there is all kinds of stuff wrong with where this line is in including public land... sue me)



(this thread can not stop on page 2)
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86527 posts
Posted on 5/1/19 at 1:39 pm to
quote:

that have resulted in faster coastal erosion , that the public tax dollars pay to rebuild, yet the public does not have access to

One thing has nothing to do with the other.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86527 posts
Posted on 5/1/19 at 1:40 pm to
quote:

what's your deal man?
What do you mean?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86527 posts
Posted on 5/1/19 at 1:48 pm to
quote:

You think LA has that many more canals than FL?


Doesn't matter for Fl. because:

quote:

The use of the term "manmade" in describing canals compels me to state that if the owner of the land underneath the artificially created body of water has never made the water above available to the public, then the owner, in a sense, controls fishing in the body of water by controlling the means of access to it, even for one who has a proper license or permit to take fish and even if the season is lawful for the taking of fish from other water in the area.


Advisory Legal Opinion - AGO 75-167
Number: AGO 75-167
Date: June 9, 1975
Subject: Fishing and traffic in manmade canals
Posted by Decisions
Member since Mar 2015
1605 posts
Posted on 5/1/19 at 1:55 pm to
quote:

public water


Define this for me, if you will. This is the part that I find tricky.

Say I (or a group of individuals and I) own all of the land around a small lake that a public roadway drives by/near.

Are you saying that the public should be able to fish that lake?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86527 posts
Posted on 5/1/19 at 1:56 pm to
No,they don't say that. Navigable is key to their argument.

What if an air boat could travel across the grass?
Posted by Kadjin
edge of the basin
Member since Oct 2013
1291 posts
Posted on 5/1/19 at 2:03 pm to
I work and play on both sides of this issue, I tend to lean towards open access to navigable waters, but I see the other side more than I used to. I’m currently involved with 2 projects that will block public access, one I sort of agree with, one I sort of don’t. Louisiana definitely has a more unique situation than most of the rest of the world. We have an insane amount of canals and an insane amount of wetlands that are falling apart. There’s thousands and thousands of acres of land that are accessible now that weren’t 10 years ago due to erosion and storms. I’m heavily involved with this stuff and I still can’t make up my mind. I’m not trying to make an argument, just wanted to illustrate how complicated this actually is.
Posted by Decisions
Member since Mar 2015
1605 posts
Posted on 5/1/19 at 2:06 pm to
quote:

Navigable is key to their argument.


I see.

quote:

What if an air boat could travel across the grass?


I’d say that the term “boat” was being used too loosely and that those did not qualify as a valid representative to determine navigability.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86527 posts
Posted on 5/1/19 at 2:07 pm to
Posted by Mr Wonderful
Love City
Member since Oct 2015
1045 posts
Posted on 5/1/19 at 2:12 pm to
quote:

I’m heavily involved with this stuff and I still can’t make up my mind. I’m not trying to make an argument, just wanted to illustrate how complicated this actually is.


I agree. However, I will say that this is one of those issues where the very wealthy are running the show. And I’m not saying that not how it should really work. But if it were put to a vote of the citizens of the state, it would pass by a large margin in favor of open access. A very large margin.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86527 posts
Posted on 5/1/19 at 2:17 pm to
quote:

But if it were put to a vote of the citizens of the state, it would pass by a large margin in favor of open access. A very large margin.
What if we put open deer and duck hunting to a vote?
Posted by Decisions
Member since Mar 2015
1605 posts
Posted on 5/1/19 at 2:25 pm to
quote:

What if we put open deer and duck hunting to a vote?


Why even have private property at that point, eh?

But seriously, the only reason deer herds are where they are now is because of private management. The woods would be empty if the entire public had access.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86527 posts
Posted on 5/1/19 at 2:37 pm to
I am going to start hunting from a hover craft.
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