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Started By
Message
Mississippi River Batture
Posted on 10/8/13 at 8:36 am
Posted on 10/8/13 at 8:36 am
Anyone have any info on hunting the river batture? I saw something about it once but could never find any information other than that a guy said it was legal to hunt
5
Posted on 10/8/13 at 8:38 am to lboud42
It's very tricky.
I've hunted it. But some areas are owned. Some are not
I've hunted it. But some areas are owned. Some are not
Posted on 10/8/13 at 8:42 am to BigHoss
All land is owned by someone (person, company or governmental body). This includes batture property.
You have no more right to hunt on batture lands than you do on any other property.
You have no more right to hunt on batture lands than you do on any other property.
This post was edited on 10/8/13 at 8:44 am
Posted on 10/8/13 at 8:42 am to lboud42
Don't have any experience hunting it, not a whole lot of batture down south, but Red River and Three Rivers has some land along the big river. North LA guys probably know more about the legality than the South LA guys
This post was edited on 10/8/13 at 9:42 am
Posted on 10/8/13 at 8:58 am to lboud42
you can dock your boat and dry your nets on the bank, but 90% of the batture is private, subject to the public levee servitude, which gives no right to the public to hunt it.
Posted on 10/8/13 at 8:59 am to Becasse
quote:
Think long and hard about leaving that link up...
This post was edited on 10/8/13 at 9:43 am
Posted on 10/8/13 at 9:03 am to dawg23
quote:
All land is owned by someone (person, company or governmental body). This includes batture property. You have no more right to hunt on batture lands than you do on any other property.
This. In Louisiana, land owners DO NOT have to POST land anymore. If you don't own it, you are trespassing.
Best law that was ever passed.
Posted on 10/8/13 at 9:13 am to lboud42
quote:
Think long and hard about leaving that link up...
why's that?
Posted on 10/8/13 at 9:28 am to lboud42
Lots and lots of people read this board. Many more than post. The OB veterans learn long ago with the public fishing places around Baton Rouge map; some things should not be done unless you want to be overrun...
Posted on 10/8/13 at 9:34 am to dawg23
quote:
You have no more right to hunt on batture lands than you do on any other property.
This. Too many people are under the mistaken assumption that batture is public. It isn't, unless it is part of a WMA, etc.
Posted on 10/8/13 at 11:06 am to lboud42
It's my understanding that it's one of the most complicated areas of law in Louisiana.
I fought these wars (from both sides mind you - as a leaseholder and possible trespasser) for years on the red river.
I even went so far as to get a guy that thought he owned some land to have a game warden meet us at the disputed location to write me a ticket such that I'd have a cause of action in court. The result? Game warden showed up, we all met up, and the game warden said "we don't enforce trespassing laws". I had a lease the bordered this guy's property, and there was land between us that literally didn't exist ten years prior to me leasing/him buying our respective lands. I felt I had as much right to it as him. He shot holes in the barrels of a blind that landed on "his side", I got in it, dang near flipped the blind, had lawsuit paperwork drawn up, and was going to go down there, get a ticket written to me for trespassing, then call my attorney from the location, and have him file the suit. (that's the backstory)
the problem is this. the laws that give you certain rights to batture were written in a different era. they were written when places like the red river was heavily used in commerce. deer hunting's not commerce. judicial campaigns are typically funded by those that own land/are of baller status. the law's generally on the richer man's (landowner's) side, and that's probably a good thing.
My experience with trying to either keep people off of my batture, or getting on someone else's, is that whoever barks loudest wins. If you're the "trespasser", good luck keeping your stands/feeders free from molestation. it's easier to find a different place to hunt.
I fought these wars (from both sides mind you - as a leaseholder and possible trespasser) for years on the red river.
I even went so far as to get a guy that thought he owned some land to have a game warden meet us at the disputed location to write me a ticket such that I'd have a cause of action in court. The result? Game warden showed up, we all met up, and the game warden said "we don't enforce trespassing laws". I had a lease the bordered this guy's property, and there was land between us that literally didn't exist ten years prior to me leasing/him buying our respective lands. I felt I had as much right to it as him. He shot holes in the barrels of a blind that landed on "his side", I got in it, dang near flipped the blind, had lawsuit paperwork drawn up, and was going to go down there, get a ticket written to me for trespassing, then call my attorney from the location, and have him file the suit. (that's the backstory)
the problem is this. the laws that give you certain rights to batture were written in a different era. they were written when places like the red river was heavily used in commerce. deer hunting's not commerce. judicial campaigns are typically funded by those that own land/are of baller status. the law's generally on the richer man's (landowner's) side, and that's probably a good thing.
My experience with trying to either keep people off of my batture, or getting on someone else's, is that whoever barks loudest wins. If you're the "trespasser", good luck keeping your stands/feeders free from molestation. it's easier to find a different place to hunt.
Posted on 10/8/13 at 11:30 am to TigerTreyjpg
[i]Art. 456. Banks of navigable rivers or streams
The banks of navigable rivers or streams are private things that are subject to public use.
The bank of a navigable river or stream is the land lying between the ordinary low and the ordinary high stage of the water. Nevertheless, when there is a levee in proximity to the water, established according to law, the levee shall form the bank.
The banks of navigable rivers or streams are private things that are subject to public use.
The bank of a navigable river or stream is the land lying between the ordinary low and the ordinary high stage of the water. Nevertheless, when there is a levee in proximity to the water, established according to law, the levee shall form the bank.
Posted on 10/8/13 at 11:32 am to Mung
yeah, it's complicated, but the "use" allowed is only what is incidental to navigation, like mooring boats, etc., not hunting.
Your example sounds like a law school property exam question, with batture, navigable rivers, and accretion, all lumped in together.
Your example sounds like a law school property exam question, with batture, navigable rivers, and accretion, all lumped in together.
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