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Message
re: Gating canals in houma area
Posted on 1/26/16 at 1:07 pm to AboveGroundPool
Posted on 1/26/16 at 1:07 pm to AboveGroundPool
i've fished both breaux and michel for a long time. who is gating them, one of the landrys?
2
Posted on 1/26/16 at 1:11 pm to heavylurk
I've heard Troy bought the land and put the gate up in front of the breaux...i can't confirm any of that though
Posted on 1/26/16 at 1:11 pm to heavylurk
quote:
landrys
that is the family that the guys on BBC are saying. They have a guy in FB that made a post throwing out a $1000 reward for info on who torn down the gate. His last name isn't Landry so not sure.
Posted on 1/26/16 at 1:12 pm to civiltiger07
saw the post, he tagged a couple of landry's in it..so it makes sense
Posted on 1/26/16 at 1:15 pm to AboveGroundPool
we have a camp on tranquille. it was originally private then it wasn't, now it's supposedly private again. i don't know if anyone enforces it.
Posted on 1/26/16 at 1:21 pm to heavylurk
quote:
we have a camp on tranquille. it was originally private then it wasn't, now it's supposedly private again. i don't know if anyone enforces it.
i always thought tranquille being private had more to do with people going in there and not having respect for no wake zones in front of the camps
Posted on 1/26/16 at 1:22 pm to Mr Wonderful
quote:I agree that's what it says. Judges often disregard the clear wording of statutes. If it wasn't navigable in 1812, good luck with your trespassing issues. Read Dardar.
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.
quote:I replied to precisely what you said.
Countless landlocked oxbows.
Landlocked = lake. Not "running water." That's a different animal.
Posted on 1/26/16 at 1:31 pm to AboveGroundPool
well... I just got word that they are driving pilings in front of 70 mile and orange grove in bayou black as i type this, trying to confirm
Posted on 1/26/16 at 2:03 pm to AboveGroundPool
this shite is miserable. It seems like every canal in Bayou Black has a "Private Canal" sign on it. Is every canal there off limits? To a normal fisherman like myself, how do you know where you can and can't fish (legally)? What's this mean to us weekend warriors?
If there's a gate, I'm not going to fight it. If there's a sign, I probably didn't see it. I've never fished back in the marsh because I've always heard that it was off limits, but 90% of the canals down there have signs but are full of boats.
If there's a gate, I'm not going to fight it. If there's a sign, I probably didn't see it. I've never fished back in the marsh because I've always heard that it was off limits, but 90% of the canals down there have signs but are full of boats.
Posted on 1/26/16 at 2:04 pm to Slickback
How long before this creeps up to the Spillway? Same issue, correct? Was land at one point, oil company digs a canal through it...
Posted on 1/26/16 at 2:07 pm to Slickback
Yup.
Posted on 1/26/16 at 2:23 pm to Slickback
it seems it's reached a tipping point, supposedly someone just bought up a bunch of marsh in bayou black (cenac?) and has guys running people out of the actual canals telling people it would soon be gated
same landowner from this article from 2004 i believe
LINK
our state sides with the landowners
same landowner from this article from 2004 i believe
LINK
our state sides with the landowners
quote:
"We look at it like putting a driveway across your property: It's private property," said Charles St. Romain, administrator of the Louisiana State Land Office.
This post was edited on 1/26/16 at 2:28 pm
Posted on 1/26/16 at 2:39 pm to AlxTgr
quote:
I agree that's what it says. Judges often disregard the clear wording of statutes. If it wasn't navigable in 1812, good luck with your trespassing issues. Read Dardar.
You may know better than me. Are LA state court judges following Dardar? Most state court decisions I'm aware of follow 2 o'clock bayou or some version of a navigability test.
ETA: I just haven't heard any concrete ruling that says "must be navigable before 1812 in order to be navigable"
This post was edited on 1/26/16 at 2:43 pm
Posted on 1/26/16 at 2:39 pm to AboveGroundPool
quote:
they are driving pilings in front of 70 mile and orange grove in bayou black as i type this
Posted on 1/26/16 at 2:57 pm to Mr Wonderful
quote:That just means 1. If it was navigable then, it's state property and it really doesn't matter if it's not technically navigable now. Good for fisherman. 2. If it wasn't navigable then, it's probably private property even though the average person would call the waters there navigable in a common sense application of the word. That's why navigable is really meaningless in this context.
"must be navigable before 1812 in order to be navigable"
Posted on 1/26/16 at 3:21 pm to AlxTgr
quote:
If it wasn't navigable then, it's probably private property
I definitely agree here.
quote:
even though the average person would call the waters there navigable in a common sense application of the word
True. But I disagree that the word "navigability" in the legal sense has no meaning without "1812." A natural stream/bayou which was nothing more that a little trickle in 1812, could very well be "navigable" in the legal sense today and the bottom belong to the State. Very similar to when a river gets a new tributary as a result of natural causes. I don't have a cases on this but it seems to be what Professor Yiannopoulos says.
Posted on 1/26/16 at 3:32 pm to Mr Wonderful
quote:OK, but that's the current status of the law, and your hypo is speculative. Let something like that actually happen, and then we will see. See Ramsey River Rd. Property Owners Asso. v. Reeves, 396 So. 2d 873.
But I disagree that the word "navigability" in the legal sense has no meaning without "1812." A natural stream/bayou which was nothing more that a little trickle in 1812, could very well be "navigable" in the legal sense today and the bottom belong to the State
Posted on 1/26/16 at 4:09 pm to Wilson
Yeah, that's Dardar. It was mentioned in another post.
Posted on 1/26/16 at 4:30 pm to AlxTgr
so where do major man-made waterways which didn't exist in 1812 fall under all of this?
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