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re: Nobody in Louisiana knows what public and private waters are? WTF
Posted on 1/19/25 at 9:35 am to saintsfan1977
Posted on 1/19/25 at 9:35 am to saintsfan1977
quote:That's not how Louisiana law sees it.
So if you once owned 1000 acres and 500 is now covered in water that touches public water, it becomes public water.
quote:Uh the new land being created in plaquemines and st bernard(to a much lesser extent from mardi gras pass and the other new one south of there - is most certainly owned by the people or corps that owned what was open water several years or decades ago.
If the levee broke and the Mississippi River rerouted itself through your property, you don't own that part of the river. That's what needs to be done.
lawsuits go way way back too..... LINK
0
Posted on 1/19/25 at 9:44 am to X123F45
Yes taxes are paid on land and bottoms. But you have to admit the taxes paid are minimal per acre. Don't know what yours are but most are cents not dollars per acre. And no good reason for the special tax (marshland/wasteland) other than political gymnastics 
Posted on 1/19/25 at 10:47 am to saintsfan1977
quote:
I'd make it simple. If it's not a pond or lake on private property it's public water. End of discussion. If you can't put a property corner in it because the water is too deep you don't own it.
Now do the river properties. Can I water swat a wood duck on top of Giles Island when it floods?
Posted on 1/19/25 at 2:15 pm to Scrowe
quote:
The fact of the matter is the government messed this land up with a huge man made ecological disaster that is the river levee and they have never made recompense. They do however keep collecting tax money on the land these folks own.
Tough to argue with any of this and the taxation issue is nothing but a money grab.
quote:
Before the erosion you couldn't fish/hunt there, so why is it such a big deal after the erosion?
You couldn't fish there because tidal flow of water wasn't there. Mother nature (with the help of the aforementioned levees) took over. How is this going to be any different when/if rising sea levels take ocean front property? If a 200 ft deep beach front lot becomes a 50 ft deep lot due to beach erosion, would that property owner be able to trespass people who navigate over that 150yds of surf?
I get the argument on both sides, and the taxation seems to be the most egregious issue of the argument, but I have to believe the most common sense approach is, unless you can take measures to backfill the lost land, tidal water with direct access to state owned tidal water should be accessible to the general public. And yes, this is opinion not based in the law.
Posted on 1/19/25 at 3:29 pm to Basura Blanco
La Civil Code Art. 450. Public things.
Public things are owned by the state or its political subdivisions in their capacity as public persons.
Public things that belong to the state are such as running waters, the waters and bottoms of natural navigable water bodies, the territorial sea, and the seashore.
Public things that may belong to political subdivisions of the state are such as streets and public squares.
Public things are owned by the state or its political subdivisions in their capacity as public persons.
Public things that belong to the state are such as running waters, the waters and bottoms of natural navigable water bodies, the territorial sea, and the seashore.
Public things that may belong to political subdivisions of the state are such as streets and public squares.
Posted on 1/19/25 at 6:39 pm to TutHillTiger
The law states that if a water body was navigable when Louisiana became a state it is public. There are problems with this… was it navigable in 1812 or was it too shallow etc. In my view if it is a natural bayou it is public eg Bayou Lacombe or Bumblebee bayou. Now any pond or canal would be private because the water bottoms are owned by someone because of this law or it was land before the canal was dug. Louisiana is unique do to all the marsh that has been lost due to subsidence and erosion which was land owned by someone and now they own the water bottom. No other state has this issue at least not at this scale.
I can guarantee these yo-yos who confronted Masson don’t understand any oth this. Also back in the day nobody gave a shite but with the duck leases becoming so prevalent and expensive it is now a big deal.
I can guarantee these yo-yos who confronted Masson don’t understand any oth this. Also back in the day nobody gave a shite but with the duck leases becoming so prevalent and expensive it is now a big deal.
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