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Message

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

Posted on 4/13/18 at 10:47 am to
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
72083 posts
Posted on 4/13/18 at 10:47 am to
So do I own the deer that are on my property while they are on my property?
Posted by LaTexan
Texas
Member since Mar 2018
26 posts
Posted on 4/13/18 at 10:52 am to
quote:

First and foremost this bill is not a land grab this bill is written to gain public access to a public resource that was taken by the landowner's failure to maintain his property or in many cases cut canals on his property that the end result is that a public resource (tidal water and aquatic life) has been captured and the public is denied access to public resources.


But don't you see you are asking to gain public access to that resource on private property as defined by the law? I know the deer argument has been brought up, but the reason I got out of my deer lease was because of neighboring rednecks running rampant on the lease when we weren't there to shoot those "public" deer that preferred our lease because we didn't overpressure them and managed the land right.
This is just friendly advice, but alienating/bashing current landowners, CCA, employers (since I know a lot of these folks are employed by big oil/chemical companies who probably own land) isn't going to help down the road if any possible compromise were to be on the table. Watch the hearing where that land manager down in Lafourche mentioned that they warned the guide and didn't prosecute or ticket him, yet he still filed a Federal suit against them. Do you honestly think that will win any points for the opposition? Fishing guides of all people know these areas very well, so their argument of not knowing what's legal or not doesn't pass the sniff test. If anything, those guides that are knowingly trespassing with paid customers on board isn't very smart and could possibly open them up to even bigger legal issues.
Posted by rsoudelier1
Houma
Member since Sep 2017
59 posts
Posted on 4/13/18 at 10:54 am to
My limited research on that years back dealing with that issue on some land would suggest that you have a qualified ownership of those animals while they are on your land; however, you cannot put a high fence to capture those animals and restrict their movement. But again land and tidal water are different, you can own land but not own tidal flow water.
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
72083 posts
Posted on 4/13/18 at 11:00 am to
Yea, pissing off Williams and other gigantic land owning companies is not the way to go about fishing wherever you want.

Like someone said earlier, this is not looking for a compromise. This is looking for a change. The owners dont want change and have the law on their side. I dont see this bill going anywhere but the amount of militant support for a government land grab is scary.
Posted by byutgr
Thibodaux
Member since Apr 2005
468 posts
Posted on 4/13/18 at 11:33 am to
I would argue that Article 450 never intended the term "running water" to apply to a man made canal constructed on private property with private funds that just happens to be subject to the ebb and flow of the tide. Louisiana courts have never interpreted it to mean that the public therefore has the right to trespass upon private property. Again, this matter should be submitted to the Law Institute, but the proletariat are aroused and must be appeased.
Posted by Motorboat
At the camp
Member since Oct 2007
24165 posts
Posted on 4/13/18 at 1:03 pm to
quote:

Hopefully this bill will pass and I assume lawsuits filed that will go to a court were it will be adjudicated


so now these small government conservatives are for more lawsuits?
Posted by Mark Makers
The LP
Member since Jul 2015
2414 posts
Posted on 4/13/18 at 1:03 pm to
quote:

I would have to have gps with an overlay to figure out how not to trespass. Don’t know how y’all do it.


I'll tell you how I do it...I go fishing and when I see the posted signs, I think to myself "Well i'm in tidal waters so i'm good" and keep on going
This post was edited on 4/13/18 at 1:21 pm
Posted by keakar
Member since Jan 2017
30152 posts
Posted on 4/13/18 at 2:09 pm to
quote:

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


nope, and they would lose any and all legal attempt to claim it.

the ditch belonged to them and was private, the weir prevented/blocked access to it so it stayed private.

when they failed to repair/rebuild it after the weir was destroyed and let NATURE take its course, NATURE dug out and made it into the canal it is today and nothing about that was man made even though the property owners willful neglect allowed it to happen and by doing so he gave up all rights to it. that is how the law currently works as written
This post was edited on 4/13/18 at 2:11 pm
Posted by keakar
Member since Jan 2017
30152 posts
Posted on 4/13/18 at 2:30 pm to
those jackwads will never accept the truth or admit it, they are 100% in the tank wanting to steal the resource from the public at any cost.

very simple and easy things can be done for little to no cost to remedy any and all concerns they have but they know that full well and these arent real concerns, they are just excuses to defend an indefensible position
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
72083 posts
Posted on 4/13/18 at 2:34 pm to


Indefensible position? It's the current law. How more defensible can it be?
Posted by byutgr
Thibodaux
Member since Apr 2005
468 posts
Posted on 4/13/18 at 2:37 pm to
And been the law in this State for over 200 years, and been defended many, many times throughout. Pretty indefensible, huh?
Posted by LaTexan
Texas
Member since Mar 2018
26 posts
Posted on 4/13/18 at 2:38 pm to
quote:

keakar


Please tell me your signature line is a joke, because I would actually respect your views otherwise since they are quite liberal.
Posted by keakar
Member since Jan 2017
30152 posts
Posted on 4/13/18 at 2:41 pm to
quote:

For the record If I own 2 lots at Holly Beach that have been consumed by the gulf of mexico over decades of beach and wetlands erosion. Can I build a fence around it and gate it randomly out in the gulf to keep fishermen off my property and from catching my fish?


everyone here against this bill says yes, and not only that, you can have anyone who stands by your fence and casts a line over it, arrested for stealing your "now private owned resources" as in the public fish, crabs, and shrimp that swim through or under your fence onto your land.

thats all the opposition to this bill is about, the right to steal the states resources for private use and harvest. no one is allowed to step foot on or disturb and part of a land owners land or water bottoms.
Posted by Motorboat
At the camp
Member since Oct 2007
24165 posts
Posted on 4/13/18 at 2:42 pm to
quote:

those jackwads will never accept the truth or admit it, they are 100% in the tank wanting to steal the resource from the public at any cost.



Steal what from the public?? these are waters and fish that pass through private property. If anyone is stealing, it is the public stealing private use of water over private water bottoms from rightful owners. This rhetoric is where you're gonna lose people. You're acting insane.

This post was edited on 4/13/18 at 2:45 pm
Posted by Motorboat
At the camp
Member since Oct 2007
24165 posts
Posted on 4/13/18 at 2:43 pm to
quote:

thats all the opposition to this bill is about, the right to steal the states resources for private use and harvest.


and there you've gone full retard. again
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87389 posts
Posted on 4/13/18 at 2:44 pm to
quote:

those jackwads will never accept the truth or admit it, they are 100% in the tank wanting to steal the resource from the public at any cost.

very simple and easy things can be done for little to no cost to remedy any and all concerns they have but they know that full well and these arent real concerns, they are just excuses to defend an indefensible position

You are a complete joke.
Posted by LaTexan
Texas
Member since Mar 2018
26 posts
Posted on 4/13/18 at 2:48 pm to
quote:

you can have anyone who stands by your fence and shoots over it, arrested for stealing your "now private owned resources" as in the public deer, rabbit, and squirrel that crawl under or jump your fence onto your land


Edited for your pleasure
Posted by rsoudelier1
Houma
Member since Sep 2017
59 posts
Posted on 4/13/18 at 2:48 pm to
quote:

it is the public stealing private use of water over private water bottoms from rightful owners


So the landowner now owns the water?
Posted by Motorboat
At the camp
Member since Oct 2007
24165 posts
Posted on 4/13/18 at 2:50 pm to
quote:

So the landowner now owns the water?


No you dense motherfricker. He has use of the water when it is over his water bottoms to the exclusion of the public.
This post was edited on 4/13/18 at 2:51 pm
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87389 posts
Posted on 4/13/18 at 2:52 pm to
quote:

He has use of the water when it is over his water bottoms to the exclusion of the public.
They won't get this.
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