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Posted on 1/27/16 at 4:52 pm to deaconjones35
Just don't read Barf's posts.
Posted on 1/27/16 at 4:54 pm to Bass_Man
quote:
There's a tone of examples just about all the crap that was marsh east of LA1 south of Leeville. It's pretty much a bay now it's privately owned
Just wondering, but do you believe that because the water engulfs a landowners property over time that he should just give it up to the public?
We currently deal with a similar issue but it is not in the marsh. Ours involves acreage impacted by a dam that was constructed without the proper consent of everyone who's land would be engulfed by the backed up water. It's a huge pain in the arse to deal with people who just think because their boat can access the area that it becomes public land all of a sudden.
This post was edited on 1/27/16 at 4:58 pm
Posted on 1/27/16 at 5:06 pm to deaconjones35
quote:
Hoping I may become smarter by reading it.
It's sometimes difficult to do that on an internet message board. There's some truth and some blatantly wrong information in this thread.
The short answer to the OP is that you can almost certainly, and legally, gate a manmade canal on private property. It doesn't really matter if its in the marsh or 300 miles from the coast.
The implication that every natural waterway in the state of Louisiana that was not navigable in Louisiana in 1812 is not and cannot be subject to public use today is simply incorrect. Laws are often not as black and white as some people would like them to be. Dardar is not THE controlling precedent on this issue. It's not even state jurisprudence on a topic that is almost, if not, entirely state law.
Posted on 1/27/16 at 5:12 pm to Scrowe
If you let your land erode into the sea I don't see how you have anymore land.
The only reason it's even an issue is because of mineral rights. I can't see much other reason to keep paying taxes on something that's pretty much worthless. Speaking of the example I gave at least.
I don't know your situation so I don't have a opinion. I don't think people have the right to access say land in a flooded river type situation. The land under the water is still private, but if it erodes away I don't see how you have any land.
The only reason it's even an issue is because of mineral rights. I can't see much other reason to keep paying taxes on something that's pretty much worthless. Speaking of the example I gave at least.
I don't know your situation so I don't have a opinion. I don't think people have the right to access say land in a flooded river type situation. The land under the water is still private, but if it erodes away I don't see how you have any land.
This post was edited on 1/27/16 at 5:14 pm
Posted on 1/27/16 at 5:30 pm to Bass_Man
The person who's land erodes still has the land under the water and the land surrounding that is above the wate so why would this become public?
I wonder why the state doesn't come in and create a program to move this land into the wetland bank and make it available in mitigation situations so the landowner gets compensation for their land and the area could become public for sportsmen. Seems like a win/win.
I wonder why the state doesn't come in and create a program to move this land into the wetland bank and make it available in mitigation situations so the landowner gets compensation for their land and the area could become public for sportsmen. Seems like a win/win.
This post was edited on 1/27/16 at 5:34 pm
Posted on 1/27/16 at 5:48 pm to Scrowe
I think something along those lines would be good. I would mybe like to see the state maybe wave the land tax and liability on some of these places if they were open to the public for fishing, navigation ect... I think that would be a win win for everybody landowner keeps the mineral rights and pays no more taxes on something that is only useful for the mineral rights anyways. You would think as big of a draw as fishing is along the coast in this state it would be in people's interest to find a decent solution.
Posted on 1/27/16 at 5:51 pm to Scrowe
quote:
The person who's land erodes still has the land under the water and the land surrounding that is above the wate so why would this become public?
The problem is knowing where in the water is the property line. You going to build a fence in the water?
Posted on 1/27/16 at 6:24 pm to Mung
Sorta what Alex said, but not all laws.
So, we just never look at jurisprudence in any other state but Louisiana for any guidance? Got it! But you may want to let others know this as well.
So, we just never look at jurisprudence in any other state but Louisiana for any guidance? Got it! But you may want to let others know this as well.
Posted on 1/27/16 at 7:27 pm to Barf
quote:
The problem is knowing where in the water is the property line. You going to build a fence in the water?
Shouldn't have to, just like I shouldn't have to put posted signs around my land if I but up to a wild life management area. The fault falls on the sportsman, not only that, many of these owners put up signage and gates and have to deal with trespassers regardless.
Posted on 1/27/16 at 8:28 pm to Scrowe
Man you bass holes pissed some guys off, guys I spoke with today are sending welders down to build gates too. And I get key!
Posted on 1/27/16 at 8:47 pm to Capt ST
I see this thread has grown legs as to speak. I just have been hearing that gates are going up and that areas that people have fished their whole lives are no longer going to be accessible. Its good to see both sides of the fence of the issue.
Posted on 1/27/16 at 8:53 pm to joebuck
quote:
Its good to see both sides of the fence of the issue.
You did this on purpose didn't you
Posted on 1/27/16 at 8:54 pm to Capt ST
quote:
Man you bass holes pissed some guys off, guys I spoke with today are sending welders down to build gates too. And I get key!
That's the kind of attitude that will get you shot down there.
Posted on 1/27/16 at 8:58 pm to Scrowe
didnt realize till you pointed it out.
Posted on 1/27/16 at 9:00 pm to ihometiger
Seems as though he'll be fine since he'll have a key as long as he follows the rules of the landowner
Posted on 1/27/16 at 9:01 pm to Mr Wonderful
quote:It's really amazing how poorly you understand this. You're creating unicorns for an irrelevant argument you don't understand.
The implication that every natural waterway in the state of Louisiana that was not navigable in Louisiana in 1812 is not and cannot be subject to public use today is simply incorrect. Laws are often not as black and white as some people would like them to be. Dardar is not THE controlling precedent on this issue. It's not even state jurisprudence on a topic that is almost, if not, entirely state law.
Posted on 1/27/16 at 9:31 pm to Scrowe
quote:
You did this on purpose didn't you
There is very little doubt that he did.
It actually fells like one of those "hold my beer and watch this" type of situations.
This post was edited on 1/27/16 at 9:37 pm
Posted on 1/27/16 at 9:50 pm to Dock Holiday
quote:
We never look at jurisprudence from other states
Only if we don't have any. Picture using the decision s of European courts. Same dealio.
Posted on 1/28/16 at 1:24 am to ihometiger
quote:
That's the kind of attitude that will get you shot down there.
I should probably disclose I managed said property for over a decade. I dealt with the bass holes running into ponds at daybreak on opening weekends. I've had them create cuts in bank. Actually watched a perennial top 5 finisher make several passes in his jump boat. Cut lily booms, super glue locks on booms, use bolt cutters on them, etc. Hell I even had a pair of dumb asses fishing next to a deer feeder on a canal late in the evening with hunter across marsh hunting it. Like I said before, you guys brought this on yourselves. The bass hole stereotype didn't happen overnight, you guys took years developing it.
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