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Message

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

Posted on 5/2/19 at 11:28 am to
Posted by Mr Wonderful
Love City
Member since Oct 2015
1045 posts
Posted on 5/2/19 at 11:28 am to
quote:

A lot of the waterways being gated off are not even man made. Most of them are made just by to rise and fall of tides.

quote:

Me I will continue to go where ever my boat will take me,game wardens don’t enforce this law anyway.

I may be misunderstanding you. But you seem to be suggesting that you think all water should be public? As in, there should be no such thing as a privately owned river or stream in LA?
Posted by Gatorgar
la
Member since Jan 2019
228 posts
Posted on 5/2/19 at 11:37 am to
I am aware of the law, but I don’t agree with it nor will I abide by it. Gate or no gate if I want to go somewhere fishing and the water is tidal and it doesn’t appear to be man made I will go.
Posted by Decisions
Member since Mar 2015
1605 posts
Posted on 5/2/19 at 11:42 am to
I’m going to be honest with y’all: if I believed for even ONE SECOND that “the public” would manage and maintain these marshes as well or better than private ownership would I’d be all for a one-time payment/transferral of currently owned marshland into state ownership with the very publicly known statement that any more land that converts into marshland will simply become state/public (with no payment).

But I don’t believe that.

I’ve seen too many people fish a hole dry or shoot every deer in a block of woods and then sit on their butts and bitch that there aren’t any fish or deer. If they could catch or shoot a hundred in a day they would with no thought for tomorrow. They just don’t care.

And that’s my main reason for being against making this public. It’s not in the best interest of the marsh for it to be public.
Posted by Gatorgar
la
Member since Jan 2019
228 posts
Posted on 5/2/19 at 11:42 am to
Only something truly man made should be private. If it was made by Mother Nature it should be public.
Posted by Decisions
Member since Mar 2015
1605 posts
Posted on 5/2/19 at 11:44 am to
quote:

If it was made by Mother Nature it should be public.


Then why is any land private, either?

Are we going to be like the Indians who didn’t believe in owning the land?
This post was edited on 5/2/19 at 11:46 am
Posted by TJG210
New Orleans
Member since Aug 2006
29288 posts
Posted on 5/2/19 at 11:50 am to
quote:

I’ve seen too many people fish a hole dry or shoot every deer in a block of woods and then sit on their butts and bitch that there aren’t any fish or deer. If they could catch or shoot a hundred in a day they would with no thought for tomorrow. They just don’t care.


What in the world are you babbling about regarding fishing a hole dry? How is that applicable here?
Posted by Decisions
Member since Mar 2015
1605 posts
Posted on 5/2/19 at 11:52 am to
quote:

What in the world are you babbling about regarding fishing a hole dry? How is that applicable here?


It’s a resource to be maintained. It can be depleted like any other.
Posted by Gatorgar
la
Member since Jan 2019
228 posts
Posted on 5/2/19 at 11:53 am to
Oh I’m sorry I though we been discussing water ways not land. If I was to be talking about land I would have said that and not water.
Posted by Decisions
Member since Mar 2015
1605 posts
Posted on 5/2/19 at 11:59 am to
Well marshland is rather unique because it’s both, is it not?

I’m not disputing you about bayous and open water being public. You’re right, that shouldn’t be restricted.

I’m disputing marshland and canals.
Posted by TheDrunkenTigah
Baton Rouge
Member since Aug 2011
18155 posts
Posted on 5/2/19 at 12:09 pm to
quote:

I’m not disputing you about bayous and open water being public. You’re right, that shouldn’t be restricted.



Why? The same legal reasoning applies to a bank that's been eroded over time into a bay as it does to a canal that was cut by a landowner allowing tidal water into a previously landlocked pond. I don't see how you could support access to one and not the other. At some point the landowner cut or allowed to be cut the canal that allowed tidal water onto the property and further erosion. The other landowner simply watched his bank recede through no fault of his own.
Posted by TJG210
New Orleans
Member since Aug 2006
29288 posts
Posted on 5/2/19 at 12:10 pm to
quote:

It’s a resource to be maintained. It can be depleted like any other.


How does one maintain the marsh?
Posted by Decisions
Member since Mar 2015
1605 posts
Posted on 5/2/19 at 12:16 pm to
quote:

The same legal reasoning applies to a bank that's been eroded over time into a bay as it does to a canal that was cut by a landowner allowing tidal water into a previously landlocked pond.


Artificial vs. Natural. That’s all you need to say.

Now if you wanted to ban canal cutting because the landowners have a duty to help protect the coastline then I would understand and it would solve this question going forward.

ETA:

quote:

How does one maintain the marsh?


Don’t overfish it. Don’t run gatortails and airboats through it. Don’t cut canals.

I know the public isn’t guilty of the last one but they certainly are of the first two.
This post was edited on 5/2/19 at 12:18 pm
Posted by TheDrunkenTigah
Baton Rouge
Member since Aug 2011
18155 posts
Posted on 5/2/19 at 12:25 pm to
quote:

Artificial vs. Natural. That’s all you need to say.



So in your opinion the landowner who actively encouraged the issue should be rewarded and the one who was just a victim of circumstance should lose his property?

Posted by Decisions
Member since Mar 2015
1605 posts
Posted on 5/2/19 at 12:36 pm to
I think canal cutting should be banned and that there’s nothing we can do for the one that lost his property.

The public should have no rights to use for a private project that none of their funds or labor were used on.

ETA: That’s like saying if I built a gravel road off of a public road using my own money on my land that the public has the right to drive on it because they helped pay for the public road it’s connected to. Nah, that’s not gonna fly.
This post was edited on 5/2/19 at 12:40 pm
Posted by Mr Wonderful
Love City
Member since Oct 2015
1045 posts
Posted on 5/2/19 at 12:40 pm to
quote:

Only something truly man made should be private. If it was made by Mother Nature it should be public.

Hold up. So you are in fact saying that there should be no such thing as a privately owned river, stream, canal, bayou, etc., unless it’s man-made?

Are you serious? You think every single naturally occurring body of water should be open to the public?
Posted by TheDrunkenTigah
Baton Rouge
Member since Aug 2011
18155 posts
Posted on 5/2/19 at 12:42 pm to
quote:

ETA: That’s like saying if I built a gravel road off of a public road using my own money on my land that the public has the right to drive on it because they helped pay for the public road it’s connected to. Nah, that’s not gonna fly.


But if gravel blows in off the road then the public can drive on it?
Posted by damnstrongfan
St. George, Louisiana
Member since Dec 2009
2405 posts
Posted on 5/2/19 at 12:51 pm to
Politicians bought and paid for by the rich land owners.
Posted by Decisions
Member since Mar 2015
1605 posts
Posted on 5/2/19 at 12:57 pm to
Still no public dollars used in the process, so I’d say no.

The water is not some finite resource that the landowner illegally took from the public trust. There’s literally an ocean of it. Most of which we do not own any rights to.

If I used public air to blow up a balloon does everyone have rights to my balloon? I bought the balloon. I put in the labor to blow it up. Is it now not my balloon?
Posted by td1
Baton Rouge
Member since Oct 2015
3144 posts
Posted on 5/2/19 at 1:05 pm to
"It’s a resource to be maintained. It can be depleted like any other."

That is about one of the dumbest things I have heard today. Hunting, I might give it some consideration but fishing...... The public fish that are caught, will be replaced with other public fish. Fish might not be that smart, but they are smart enough to swim past a gate. Conveniently, none of these gates are solid barriers.

They are selling public resources to be able to afford their taxes / profit. I think I might make a cut through road on some of my property between two major roads here in baton rouge and lease access to the road. You think the city would maintain the road for me? I'll even put in some ditches on either side of the road, you think the city is going to maintain those ditches and do restoration projects for me from the erosion it might cause?


I still take the stand that if a canal is private, it should have a dam built across it to not only lock out the public but to also lock out any public resources, or any access gate must be solid, marked with hazard lighting and only be opened for entry and exit.

Posted by tigerfoot
Alexandria
Member since Sep 2006
60750 posts
Posted on 5/2/19 at 1:05 pm to
quote:

if gravel blows in off the road then the public can drive on it?
no. Never
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