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

Posted on 4/10/18 at 3:22 pm to
Posted by xenon16
Metry Brah
Member since Sep 2008
3592 posts
Posted on 4/10/18 at 3:22 pm to
Trick question. I'd rather have the choice of what to do with MY property.

I would certainly rather have a tax exemption and liability waiver, than not. But if it comes with the loss of other rights, it's basically eminent domain or a force placed easement without adequate acquisition compensation. Seems unfair to me.

I just bought my property last year. Now you tell me that the state is going to allow people to run amok on it. I feel like I've been robbed (or will be if it passes). What does this do to resale value?
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
71158 posts
Posted on 4/10/18 at 3:22 pm to
Posted by pointdog33
Member since Jan 2012
2765 posts
Posted on 4/10/18 at 3:26 pm to
quote:

Not really.


I get that you like to play the annoying lawyer on here and continue to state the law as it is written, but it looks like that is moving toward a change so compromise is going to be necessary.

What other state allow coastal/tidal waters to be blocked?

(I know the landowners call it land and the water to them the water is inconsequential)

They collect lease money from duck hunters and fishermen that use that state water flowing through.
Posted by Motorboat
At the camp
Member since Oct 2007
23949 posts
Posted on 4/10/18 at 3:33 pm to
quote:

Even you can't seem to control yourself but I certainly don't hope you die


Of course I hope you don't die.

quote:

You're stooping to their level


to your level? what in the frick gives us fishermen the right to fish waters that are private under the law?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86538 posts
Posted on 4/10/18 at 3:34 pm to
quote:

I get that you like to play the annoying lawyer on here
I cannot do anything about your perception. I am just
quote:

continue(ing) to state the law as it is written


quote:

but it looks like that is moving toward a change so compromise is going to be necessary.
Maybe, maybe not. Just be careful what you ask for.

quote:

They collect lease money from duck hunters and fishermen that use that state water flowing through.
Which is totally supported by our law.
Posted by 007mag
Death Valley, Sec. 408
Member since Dec 2011
3921 posts
Posted on 4/10/18 at 3:51 pm to
quote:

think I've found our #surfacedrive #duckdynasty #flatbill #yellowlabnameddrake #prostaff #shootemintheface instagram internet hero for the day.
You’ll never be an FBI profiler.
Posted by 007mag
Death Valley, Sec. 408
Member since Dec 2011
3921 posts
Posted on 4/10/18 at 3:53 pm to
quote:

use MY land
water access
Posted by Dam Guide
Member since Sep 2005
16570 posts
Posted on 4/10/18 at 3:56 pm to
quote:

I would certainly rather have a tax exemption and liability waiver, than not. But if it comes with the loss of other rights, it's basically eminent domain or a force placed easement without adequate acquisition compensation. Seems unfair to me.


Depends on how they rule navigability. This has happened in other states. All they could do is call it navigable and then it isn't eminent domain. It's always been the public's water, not the owner of the surrounding land.

Navigability sounds a bit different in Louisiana.

Look at the water laws just to the north of you in Arkansas, it doesn't take much for you guys to lose what you thought was your land. There is a pretty substantial commercial interest to the fish in that water and a canoe/kayak easily has access to that water for more than what some streams have in Arkansas. Would be public waters in no time in Arkansas.
This post was edited on 4/10/18 at 4:10 pm
Posted by xenon16
Metry Brah
Member since Sep 2008
3592 posts
Posted on 4/10/18 at 4:12 pm to
Navigable is indeed defined differently in LA, it has also been intentionally distinguished from the SCOTUS rulings.
Posted by demtigers73
Member since Aug 2014
5978 posts
Posted on 4/10/18 at 4:13 pm to
Let me catch you in my canal baw!
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86538 posts
Posted on 4/10/18 at 4:21 pm to
Canal? Dey gonna be in your batt-tub, cher!
Posted by tigerfoot
Alexandria
Member since Sep 2006
60780 posts
Posted on 4/10/18 at 4:42 pm to
quote:

I just bought my property last year. Now you tell me that the state is going to allow people to run amok on it. I feel like I've been robbed (or will be if it passes). What does this do to resale value?


People like free stuff. They dont really care who suffers, it is just the way things are now.
Posted by White Bear
Deer-Thirty
Member since Jul 2014
17277 posts
Posted on 4/10/18 at 4:50 pm to
quote:

I love how people equate water to land. Water isn’t land and if my fricking tax dollars and conservation dollars are going to be used for coastal restoration then I expect to be able to utilize that coast whether it’s to catch fish, shoot ducks or just pass through.
You sound like a baw that believes he should be able to hunt WRP, CRP, and/or private farm land b/c the wealthy private landowners get government payments.
Posted by HotKoolaid
Member since Oct 2017
444 posts
Posted on 4/10/18 at 4:54 pm to
Passed with this amendment.


quote:

C. The provisions of this Section shall not apply to running waters
6 during any open migratory waterfowl season when such running waters have
7 been posted against trespassing, hunting, or fishing."
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86538 posts
Posted on 4/10/18 at 4:55 pm to


That makes zero sense.
Posted by White Bear
Deer-Thirty
Member since Jul 2014
17277 posts
Posted on 4/10/18 at 4:58 pm to
quote:

That makes zero sense.
Still can't legally hunt the backwater on Giles, etc. Reckon it's for you salt water baws, but I do know some public lakes that flood out on occasion.
This post was edited on 4/10/18 at 4:59 pm
Posted by Dam Guide
Member since Sep 2005
16570 posts
Posted on 4/10/18 at 4:58 pm to
quote:

Navigable is indeed defined differently in LA, it has also been intentionally distinguished from the SCOTUS rulings.


Got the case? Would like to see. Like to learn about this stuff.
This post was edited on 4/10/18 at 4:59 pm
Posted by xenon16
Metry Brah
Member since Sep 2008
3592 posts
Posted on 4/10/18 at 5:12 pm to
SCOTUS - Phillips v Petroleum
LINK

LA RS 9:1115.1 OWNERSHIP OF BEDS OF NON-NAVIGABLE WATERS

ETA Bonus Law Review article because I want to come back and read it later.
LINK

I'm no atty, but I enjoy reading up on it too. I just recently had salt in the game.
This post was edited on 4/10/18 at 5:20 pm
Posted by HeadBusta4LSU
Baton Rouge
Member since Aug 2007
11362 posts
Posted on 4/10/18 at 5:15 pm to
quote:

AlxTgr


Always act an arse when this subject comes up
Posted by HotKoolaid
Member since Oct 2017
444 posts
Posted on 4/10/18 at 6:03 pm to
Here is Sen Allian saying he will gate canals out of spite.

LINK
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