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Message
re: Gating canals in houma area
Posted on 1/26/16 at 6:11 am to Mung
Posted on 1/26/16 at 6:11 am to Mung
Good explination Mung.
There is the reason it is law in the first place and the reason folks I have talked to won't touch it.
quote:
state gets royalties from the water bottoms of all navigable waterways and lakes, so the landowners definitely claims the canal bottoms and even land now under water, for that money. Way more important than whether you get to fish there.
There is the reason it is law in the first place and the reason folks I have talked to won't touch it.
0
Posted on 1/26/16 at 8:42 am to Bass_Man
quote:But is has very little to do with this thread topic.
It's all relative of the big picture that causes the issue to begin with.
quote:You guys keep saying navigable waterways as if that has some kind of meaning. It doesn't.
I think you could also relate that in recent court cases of navigable waterways. In which I believe delt mostly with the Mississippi River. The court stated that the public did not have acess up to the high water mark. Now that did set a precedent of where the public could acess.
quote:I hate to comment on this, but you guys keep bringing it up. What about the owner who has lost his land? Tough shite? Don't own marsh?
Now I think you could apply that same ruling to tidal waters also. If the the said "land" is navigable at low tide it should be accessible.
quote:It may make no sense, but it keeps things open that might otherwise not be open. There is never a reason to allow the public in a manmade waterway just because it's water.
The fact we base what is navigable in 2016 on a map from 1812 makes no sense at all !
Posted on 1/26/16 at 9:07 am to Barf
We had some glitter boat types start fishing by us on the last weekend of coastal zone. They didn't see us, but when a couple of scaup got steam rolled, they nearly shite themselves and took off. Was pretty funny
Posted on 1/26/16 at 9:15 am to Redfish2010
quote:Outdoorsist
We had some glitter boat types start fishing by us
Posted on 1/26/16 at 9:19 am to AlxTgr
My old friend 
Let's grab some gravy steaks soon
Let's grab some gravy steaks soon
Posted on 1/26/16 at 9:30 am to Redfish2010
I was in BR last week. I didn't call you.
Posted on 1/26/16 at 9:46 am to AlxTgr
quote:
You guys keep saying navigable waterways as if that has some kind of meaning. It doesn't.
For a private canal, yes you are correct. However the fact that you keep using navigability in 1812 leads me to believe you are confused on the law of navigable rivers and streams.
quote:
I hate to comment on this, but you guys keep bringing it up. What about the owner who has lost his land? Tough shite? Don't own marsh?
Marsh is definitely not seashore. But if you're trying to say that you retain ownership of a piece of land that is now covered by the Gulf of Mexico, you're wrong.
quote:
There is never a reason to allow the public in a manmade waterway just because it's water
Ahh. The key word here is "manmade." This thread relates to manmade canals. You are correct in that you can gate a private "manmade" canal. But some of your statements appear to be incorrect with regard to "natural" rivers and streams.
Posted on 1/26/16 at 9:51 am to Mr Wonderful
quote:Well, I can tell you I'm not. Without 1812, that term is basically meaningless in this State.
For a private canal, yes you are correct. However the fact that you keep using navigability in 1812 leads me to believe you are confused on the law of navigable rivers and streams.
quote:I didn't say that. I do not get involved in those. If that is wrong though, why is there even a controversy?
Marsh is definitely not seashore. But if you're trying to say that you retain ownership of a piece of land that is now covered by the Gulf of Mexico, you're wrong.
quote:No, they are not incorrect. Name some you think are. There are plenty of natural waterways in this state that you and I cannot access legally.
Ahh. The key word here is "manmade." This thread relates to manmade canals. You are correct in that you can gate a private "manmade" canal. But some of your statements appear to be incorrect with regard to "natural" rivers and streams.
Posted on 1/26/16 at 9:55 am to AlxTgr
quote:
What about the owner who has lost his land? Tough shite? Don't own marsh?
What about the public who's lost untold acres because of erosion caused by these canals? I agree with you that manaade canals shouldn't be public but the fricked over a lot of tax payer to have their canals and profited in the process.
https://www.scientificamerican.com/article/losing-ground-southeast-louisiana-is-disappearing-quickly/
Researchers estimate that canals and levees eliminated or covered 8 million acres of wetlands.
U.S. Department of Interior report says oil and gas canals are ultimately responsible for 30 to 59 percent of coastal land loss. In some areas of Barataria Bay, said Turner at LSU, it’s close to 90 percent.
So are the tax payers are just shite out of luck?
This post was edited on 1/26/16 at 9:56 am
Posted on 1/26/16 at 9:58 am to AlxTgr
The future is very bleak for all of south Louisiana.
Greed will destroy the bounties that the La marshlands bestow. Our kids will have very little access to fish and enjoy what we have.
This will soon get out of hand similar to "Gillnet Wars".
Recreational fishermen have begun to boycott Bobs Marina in Bayou Black, however it will be become more evident to him very soon. Not sure what side he's on, but people we talk to believe he plays both sides of the fence.
There are talks to move the BASS High School Nationals next month because of this reason.
But the biggest problem of all is that the land/lease owners have the Terrebonne/Lafourche parish government in there back pocket, so real people have zero chance to fight back.
Oh yeah Troy Landry can kiss my arse now too, he gated the Braud canal in Lake Verret.
Link to petition
LINK
Greed will destroy the bounties that the La marshlands bestow. Our kids will have very little access to fish and enjoy what we have.
This will soon get out of hand similar to "Gillnet Wars".
Recreational fishermen have begun to boycott Bobs Marina in Bayou Black, however it will be become more evident to him very soon. Not sure what side he's on, but people we talk to believe he plays both sides of the fence.
There are talks to move the BASS High School Nationals next month because of this reason.
But the biggest problem of all is that the land/lease owners have the Terrebonne/Lafourche parish government in there back pocket, so real people have zero chance to fight back.
Oh yeah Troy Landry can kiss my arse now too, he gated the Braud canal in Lake Verret.
Link to petition
LINK
This post was edited on 1/26/16 at 10:02 am
Posted on 1/26/16 at 9:59 am to Barf
quote:I don't know, but that's not e relevant question in this thread.
What about the public who's lost untold acres because of erosion caused by these canals?
quote:So, this is your thought process-the canals are definately private, but they have caused damage, so I, a non-owner, should get to fish there.
So are the tax payers are just shite out of luck?
Posted on 1/26/16 at 10:35 am to Happy Hour1
Happyhour. Can you give me an email or other contact real quick? Want to talk offline on a topic.
Posted on 1/26/16 at 10:56 am to AlxTgr
quote:
Without 1812, that term is basically meaningless in this State
Where are you getting this from? Are you saying a river that becomes "navigable" today, but wasn't in 1812, cannot become subject to public's use?
quote:
There are plenty of natural waterways in this state that you and I cannot access legally.
Care to name a few?
Posted on 1/26/16 at 11:03 am to Mr Wonderful
quote:La. jurisprudence. Also, read this.
Where are you getting this from?
quote:No, but I am not sure how that would occur or if it even has other than log jams. River being the key word.
Are you saying a river that becomes "navigable" today, but wasn't in 1812, cannot become subject to public's use?
quote:Possum bayou in Avoyelles. Countless landlocked oxbows.
Care to name a few?
Posted on 1/26/16 at 11:36 am to Mr Wonderful
quote:
Possum bayou in Avoyelles. Countless landlocked oxbows.
Interesting choices for the thread at hand.
Posted on 1/26/16 at 11:41 am to Dock Holiday
I keep hinting to Dr. Mccann to let me fish possum from my yak, but he's not biting.
Posted on 1/26/16 at 12:18 pm to AlxTgr
quote:
La. jurisprudence.
I am unaware of any Louisiana Supreme Court cases which state exactly that.
quote:
Also, read this.
That doesn't preclude the state from claiming a navigable waterway that became navigable after 1812. It simply references that they do in fact claim all water bottoms which were navigable in 1812. The other major distinction here is that a water bottom is not the same as the water running through it.
quote:
No, but I am not sure how that would occur or if it even has other than log jams. River being the key word.
"River" is what I was referencing earlier. A natural river/stream that becomes navigable is subject to public use so long as it is incidental to navigation. That doesn't mean the state will claim the bed to that river once it becomes navigable, but they may do so if they wish.
How can that happen? Easy. A little stream just a few feet deep eventually washes out and meets the test of navigability and, thus, becomes "navigable in fact."
quote:
Possum bayou in Avoyelles.
Not familiar with this area. But Article 450 is pretty clear that "running water" is subject to public use whether navigable or not. So have cases and attorney general opinions. Just because someone says you can't use something doesn't mean they are legally correct. Might be best to stay off depending on who the owner is but that's a completely different issue lol.
quote:
Countless landlocked oxbows.
Landlocked = lake. Not "running water." That's a different animal.
Having said all of that, a private canal is private. This means the owner may gate it.
Posted on 1/26/16 at 12:55 pm to Mr Wonderful
quote:
Care to name a few
I just learned that Breaux Canal is gated off on Lake Verret. Used to fish in there all the time while staying at Uncle's camp on Tranquille. Guess that wont happen anymore.
Posted on 1/26/16 at 12:58 pm to civiltiger07
that's the gate that got torn down recently, was gated this winter
and i've heard a gate is going to go up in front of the Michel also.
and i've heard a gate is going to go up in front of the Michel also.
This post was edited on 1/26/16 at 1:03 pm
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