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re: HR 391 (Water Access Rights) Passes 5-3 in committee

Posted on 4/11/18 at 8:51 pm to
Posted by Capt ST
High Plains
Member since Aug 2011
13667 posts
Posted on 4/11/18 at 8:51 pm to
quote:

running water) such as rivers, streams, brooks, and creeks, has a constant not stop flow of water in one direction of flow and rarely changes depths at all.


The Mississippi River says Hi.
Posted by keakar
Member since Jan 2017
30152 posts
Posted on 4/11/18 at 9:06 pm to
[qoute]The Mississippi River says Hi.[/quote]

let me know as soon as someone puts a gate accross the mississippi river and claims it as private bub


reality and planet earth says hi
Posted by tigerfoot
Alexandria
Member since Sep 2006
61428 posts
Posted on 4/11/18 at 9:07 pm to
quote:

keep trying to make up excuses to defend land owners, its amusing to watch

yeah, frick those people
Posted by Dam Guide
Member since Sep 2005
16727 posts
Posted on 4/11/18 at 9:16 pm to
quote:

what the hell do you think the word means? they arent talking about if kayaks can use it when they write a law calling a body of water navigable


Look up the lawsuit from landowners in Arkansas trying to restrict canoes from using a stream up there during tourist season. The landowners lost. They ruled on the use of the stream as navigable because of the commerce the canoe season brought to the area.

It’s more based on the rules of the state according to the Feds, right now Louisiana is friendly to land owners. Something like this law would bring Louisiana more in line with a ton of other states.
This post was edited on 4/11/18 at 9:17 pm
Posted by Capt ST
High Plains
Member since Aug 2011
13667 posts
Posted on 4/11/18 at 9:17 pm to
quote:

let me know as soon as someone puts a gate accross the mississippi river and claims it as private bub


There’s already been court cases about people trespassing on miss river during flood events. This will impact places like Giles Island, Glasscock, etc. bub
Posted by joebuck
Member since Sep 2015
272 posts
Posted on 4/11/18 at 9:25 pm to
quote:

This crap brings to mind the masses rushing Frankenstein’s castle with pitchforks and torches. Let’s just take someone’s property because the masses want to access it for pleasure. Sounds very socialistic to me, and I’ll bet that none of you voted for Bernie.

No its Communistic. For the People
Posted by Capt ST
High Plains
Member since Aug 2011
13667 posts
Posted on 4/11/18 at 9:28 pm to
I’m ready to hunt miss river around Natchez like choirboy, but legally. Gonna stack that green.
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
72082 posts
Posted on 4/11/18 at 9:46 pm to
Yea, frick those rich landowners too
Posted by tigerfoot
Alexandria
Member since Sep 2006
61428 posts
Posted on 4/11/18 at 10:19 pm to
I love using things that others build for me
Posted by HotKoolaid
Member since Oct 2017
444 posts
Posted on 4/12/18 at 8:08 am to
quote:

There’s already been court cases about people trespassing on miss river during flood events. This will impact places like Giles Island, Glasscock, etc. bub


Completely false. This bill has nothing to do with flood waters. The law is well established that you your property line holds fast in times of high water. Same goes for the marsh. There may be a natural bayou or pond thats publicly accessible but during times of flood you can not go poling across the adjoining land owners marsh grass. The property lines as they are described remain enforceable.
Posted by BoudinJoe
Member since Oct 2007
1918 posts
Posted on 4/12/18 at 8:08 am to
The state is suing to have companies fill in these very canals, yet fishermen want them to remain open. Every boat owner that travels down those canals, which were permitted and built using private money, should also be held accountable for wetlands loss.
Posted by Motorboat
At the camp
Member since Oct 2007
24162 posts
Posted on 4/12/18 at 8:11 am to
quote:

Every boat owner that travels down those canals, which were permitted and built using private money, should also be held accountable for wetlands loss.


that's a stretch. The unwillingness for everyone to be just a little more objective, instead of throwing out crap like this, would help everyone understand the issue much better.
Posted by mylsuhat
Mandeville, LA
Member since Mar 2008
49992 posts
Posted on 4/12/18 at 8:16 am to
quote:

Every boat owner that travels down those canals, which were permitted and built using private money, should also be held accountable for wetlands loss.



Everyone in Louisiana that benefits from the leveed Mississippi Ricver not flooding their homes each spring should be held accountable for wetlands loss.
Posted by Boat Motor Bandit
Member since Jun 2016
1891 posts
Posted on 4/12/18 at 8:16 am to
Here is a scenario we are discussing on the west side of the state. Older family friends that owns land along the Calcasieu River on both sides (heir cattle and oil land) I'm sure as I type some of you will know who and exactly where I'm talking about as it will come apparent. About 1/2 mile to be exact. That family has owned that land for more than 150 years in some fashion and they have documented proof of such (I've seen the records they keep long family lineage). Long before any laws were written about "running water" "canals" "water bottoms" and so forth. The argument is AS Louisiana Law is written and understood and allowed to happen at this time and how groups were grandfathered in over the decades for various political gain and reason. He could legally gate up the Calcasieu River!!!!! As you just read that, You saying to yourself, OH NO he can't that makes no sense and your ready to blast me with the next comment.....HOLD UP SWOLE UP. He has proof that the Calcasieu river was not running thru its current location!! The river ran on the far east side of said property when the family acquired the land. They dug and dredged a small path from the river thru the middle of this property to help traverse the marshes and bring fresh water in and had a board control weir on it until one of the hurricanes took it all away in the late 1800's I believe he said (maybe wrong on date here but it was a hella long time ago). They have all the documented proof of these actions. Over the decades the river of course took the path of least resistance and now the MAIN CHANNEL that ships and barges push thru are a Man Made canal and the old channel has silted in over the years and while passable is far from capable of handling modern channel traffic. This Family could go out right now, stop traffic and gate up the whole damn river, let that sink in a minute if you are against HB391. Everything I typed is a fact that can be proven easily in a court of law. Can you imagine the judges and politicians that would have to get involved if that came to fruition? They would of course never do such a thing but have every right too as our current law is read and enforced.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87385 posts
Posted on 4/12/18 at 8:35 am to
quote:

Says the lawyer quoting the wrong civil code article.
Show me where I did this?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87385 posts
Posted on 4/12/18 at 8:40 am to
quote:

He has proof that the Calcasieu river was not running thru its current location!! The river ran on the far east side of said property when the family acquired the land. They dug and dredged a small path from the river thru the middle of this property to help traverse the marshes and bring fresh water in and had a board control weir on it until one of the hurricanes took it all away in the late 1800's I believe he said (maybe wrong on date here but it was a hella long time ago). They have all the documented proof of these actions. Over the decades the river of course took the path of least resistance and now the MAIN CHANNEL that ships and barges push thru are a Man Made canal and the old channel has silted in over the years and while passable is far from capable of handling modern channel traffic.
That series of events makes it subject to public use.
Posted by tigerfoot
Alexandria
Member since Sep 2006
61428 posts
Posted on 4/12/18 at 8:45 am to
The Calcasieu River is a navigable waterway. The fact that it changed course is irrelevant
Posted by BoudinJoe
Member since Oct 2007
1918 posts
Posted on 4/12/18 at 9:14 am to
The Mississippi River wasn’t permitted and constructed in private land.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87385 posts
Posted on 4/12/18 at 9:16 am to
That's not his point.
Posted by byutgr
Thibodaux
Member since Apr 2005
468 posts
Posted on 4/12/18 at 10:01 am to
One of the first things that totalitarian/socialistic/communist regimes do is confiscate private property. Are you ok with that? Just so that you can fish wherever you please? Next will be open range hunting. After all, somebody always has better deer hunting than where you hunt, so maybe you should be able to hunt on their land also if enough people make enough noise in Baton Rouge. No difference at all. Don't give me that stuff about "public water", that is just an excuse to trespass upon private property. I realize that I am in the minority here, and down vote away. By the way, I don't have a private fishing lease nor am I a large landowner.
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