re: Gating canals in houma area

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Go to page 13 of 16 in the link.

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Editor's Note: The passage of Act 998 is the result OF several
years controversy that began with the U.S.Supreme Court
'decision of Philip Petroleum Co. v. Mississippi, 484 U.S.
469,108 S. Ct 791(1988). I0 Phillip the Court reaffirmed
that each state in its admission to the Union had been given
title to certain water bottoms which it held in trust far al1 its
citizens. The Court held that all tidelands regardless of
navigability were included in these public trust water bottoms.
The Court went on to say that the disposition of public trust
water bottoms after statehood would be controled by state
law. Louisiana law makes it clear that some tidal water
bottoms are within the public trust. For dher water bottoms,
those that are shallow, tidally influenced, and somewhat
removed from the open Gulf the picture is as murky as their
waters. Many of these water bottoms have, since 1812. been
simultaneously used by the general public, claimed by the
state, and claimed by private landowners. There has never
been a definitive pronouncement by the state of Louisiana on
the general status of shallow tidelands. Indeed, previous
legislation and judicial decisions affecting these water
bottoms have been ambiguous. The tenuous nature of
private claims and the fear that the Phillips decision would
tip the balance in favor of public ownership prompted
private landowners to marshal an effort to have the legislature
declare ow and for all hat inland non-navigable tidelands
are subject to private ownership. Through a long political
process during which proponents of the public interest
vigorously opposed the legislation, Act 998 was passed.
(For an in-depth discussion of the issues surrounding this
controversy see "The Public Trust Doctrine in Louisiana" by
J. Willkins and M. Wascom 52 Louisiana Law Review 861.
1W) TheactualeffectofAa998Femainstoheseen. While
it is intended to solidify private ownership claims to inland non-navigable tidal water bottoms, the legality of such a maneuver will most likely be ultimately decided by the courts. This Act, however, does have rhe potential of
severely restricting public access to inland tidal waters for fishing and other activities and denying the state significant mineral revenues.

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Because a judge decided that a map from 1812 was obviously the best way to go.

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We should resort back to a map of Toledo Bend in 1812

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