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Message

re: Gating canals in houma area

Posted on 1/25/16 at 1:39 pm to
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 1/25/16 at 1:39 pm to
quote:

running to the end of Bayou Gentilly in Delacroix are both trespassing


Could you imagine if one day Delacroix land corp woke up and decided no more fishing and gated the entire thing? That entire dump of a place would quite literally cease to exist over night.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86398 posts
Posted on 1/25/16 at 1:41 pm to
quote:

The location of the canal is irrelevant.


I'm starting to think you're just screwing with people. No way are you that dense.

I'm starting to believe you are completely clueless.
quote:

The property should have never been private in the first place.
Wait, why?
quote:

That is the entire debate.
No it's not at all
Posted by Dock Holiday
Member since Sep 2015
1820 posts
Posted on 1/25/16 at 1:44 pm to
I know barf.. it would a shite storm for sure.

Alex, I commend your efforts, but the fact remains this law is flawed and many see right through it, even those that benefit from it.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86398 posts
Posted on 1/25/16 at 1:45 pm to
quote:

but the fact remains this law is flawed and many see right through it, even those that benefit from it.
Can you defend this at all without taking us away from the canal context?
Posted by AboveGroundPool
the basin
Member since Aug 2010
3787 posts
Posted on 1/25/16 at 1:47 pm to
All this mess down here is just going to force my hand into buying that dream camp on the Bend I've always wanted
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86398 posts
Posted on 1/25/16 at 1:50 pm to
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 1/25/16 at 1:58 pm to
quote:

Can you defend this at all without taking us away from the canal context?


I'm not sure what angle you're taking here. The canals in question are/were canals dug on tidal marsh. That marsh should have never been leased to dig the canals in the first place. To compound the problem, those canals have caused irreparable damage to the wetlands surround them. Tax payers are footing the bill for restorative efforts, caused in part by oil/gas exploration canals.

Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86398 posts
Posted on 1/25/16 at 1:59 pm to
quote:

The canals in question are/were canals dug on tidal marsh.
Why do you find that significant?

quote:

That marsh should have never been leased to dig the canals in the first place.
Why?

Posted by choupiquesushi
yaton rouge
Member since Jun 2006
33709 posts
Posted on 1/25/16 at 2:00 pm to
quote:


I'm not sure what angle you're taking here. The canals in question are/were canals dug on tidal marsh. That marsh should have never been leased to dig the canals in the first place. To compound the problem, those canals have caused irreparable damage to the wetlands surround them. Tax payers are footing the bill for restorative efforts, caused in part by oil/gas exploration canals.



but those canals were dug through private property - because they dug through it they should give up their rights to the property?
Posted by Dock Holiday
Member since Sep 2015
1820 posts
Posted on 1/25/16 at 2:02 pm to
quote:

without taking us away from the canal context?


quote:

location of the canal is completely irrelevant


This thread has taken many twist and originally the OP wanted to know about gated canals in the Houma marsh, thus there is a certain costal aspect to this discussion. Denying that is either wanting to steer this a certain direction, wanting to narrow the talk or wanting to mess with folks.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 1/25/16 at 2:04 pm to
quote:

- because they dug through it they should give up their rights to the property?


If they can not afford to fund restorative efforts from erosion caused by the canals, then yes.

There is no denying that oil and gas exploration/transportation canals in Houma are huge contributors to coastal erosion.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86398 posts
Posted on 1/25/16 at 2:08 pm to
quote:

This thread has taken many twist and originally the OP wanted to know about gated canals in the Houma marsh, thus there is a certain costal aspect to this discussion. Denying that is either wanting to steer this a certain direction, wanting to narrow the talk or wanting to mess with folks.

No, just no. A seashore discussion would be fine in such a thread. You will not see me there because I see boths sides of the problem and cannot choose.
Posted by shimanocurado
Member since Apr 2015
30 posts
Posted on 1/25/16 at 3:05 pm to
Just trying to get a simple recap of all this.

1. Navigable canals are dug on private property and not on the map from the 1800's
2. These canals connect to navigable, natural waterways that are on this map.
3. The state rules that the canals can be gated off without being dammed.


So essentially, hunters who lease the land/marsh along these canals love it because it can keep the fishermen out of their hunting locations. Is that it? It would make for an interesting debate had the state not already ruled on it.

I knew years ago when they allowed for Lake Theriot to be gated off, that it would only get worse.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86398 posts
Posted on 1/25/16 at 3:14 pm to
quote:

1. Navigable canals are dug on private property and not on the map from the 1800's
Just remember, navigable is meaningless without adding "...in 1812".

quote:

2. These canals connect to navigable, natural waterways that are on this map.
This is not relevant to the discussion, but I assume this is true.

quote:

3. The state rules that the canals can be gated off without being dammed.

Just like a pasture.

Posted by AboveGroundPool
the basin
Member since Aug 2010
3787 posts
Posted on 1/25/16 at 3:15 pm to
I literally just received a pic of a smashed in broken gate from a canal that was very recently gated...canal is not in the marsh. This one is going to get ugly.
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
33709 posts
Posted on 1/25/16 at 3:40 pm to
quote:

If they can not afford to fund restorative efforts from erosion caused by the canals, then yes.

There is no denying that oil and gas exploration/transportation canals in Houma are huge contributors to coastal erosion.



that is not the issue here
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
33709 posts
Posted on 1/25/16 at 3:42 pm to
Has anyone gated off property that was not being abused prior to gate going up.....

IE most I am aware of had good reason to gate them - it sucks but it is their right.
Posted by shimanocurado
Member since Apr 2015
30 posts
Posted on 1/25/16 at 3:42 pm to
quote:

This is not relevant to the discussion, but I assume this is true.


From a legal perspective, no, because a state court has already made a ruling on it. But I think that's where all the conflict from the fishermen comes from. In order to have a private waterway, it shouldn't be able to be accessed from public waterways. The idea from a fisherman's point of view is that all fish which swim in public waters are essentially public property and shouldn't be restricted.


quote:

Just like a pasture.


Not exactly, the water in these gated canals flowed in from a public body of water, and therefore should remain public. The land on either side of the canal, sure that's private but not the water itself.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86398 posts
Posted on 1/25/16 at 3:59 pm to
quote:

In order to have a private waterway, it shouldn't be able to be accessed from public waterways. The idea from a fisherman's point of view is that all fish which swim in public waters are essentially public property and shouldn't be restricted.

Shouldn't? Why? Apply your statement above to deer and ducks and see what happens.

quote:

Not exactly, the water in these gated canals flowed in from a public body of water, and therefore should remain public.
This is a conclusory statement with no support whatsoever.
quote:

The land on either side of the canal, sure that's private but not the water itself.
Of course the water is private.
Posted by deaconjones35
Thibodaux
Member since Sep 2009
9876 posts
Posted on 1/25/16 at 4:04 pm to
One thing I have learned from this thread is that most of you sum bitches are smarter than me. I mean, who the frick uses "conclusory statement" in a sentence?
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