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Message

re: Private vs public water in tidal navigable waterways

Posted on 12/7/16 at 2:20 pm to
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5541 posts
Posted on 12/7/16 at 2:20 pm to
If I had land in my family dating back to pre 1812 and it's now water. I am not going to just give it up You are crazy. And crazy to think any single one on this board would do that
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 12/7/16 at 2:24 pm to
quote:

Deflection. Nice



I'm not deflecting. You're the one that will not entertain the questions I asked.

What is your stance on the midnight forest, and the 14th amendment as it applies to eminent domain.
Posted by Dock Holiday
Member since Sep 2015
1825 posts
Posted on 12/7/16 at 2:44 pm to
quote:

What is the LASC?



LASC

Louisiana Sportsmens Coalition. A new 501c that has backing and traction to formulate a plan for access to flowing waters of the state of Louisiana. Get Louisiana more in line with what is done nationally, simply in the terms of recreational access to waters that are in fact navigable.
This post was edited on 12/7/16 at 2:49 pm
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5541 posts
Posted on 12/7/16 at 2:47 pm to
I don't know enough about that to comment on it

Now if you would just say that sentence I posted above your post count would probably be cut in half


I do understand eminent domain because it's happening on peason ridge right now however the landowners are not just giving up their land to the government. They are getting reimbursed handsomely
This post was edited on 12/7/16 at 2:48 pm
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 12/7/16 at 2:49 pm to
quote:

Because the state issued the permits. If companies violated the terms, hold them to the fire.

Every pipeline lease I've signed, and all the O&G leases I've seen, state that at the end of the term (usually when the well is P&Ad, or the pipeline ceases to transport product) the land will be restored to its previous state.

These are leases signed between private parties.

It seems to me that if a land owner doesn't care to hold the lessor to their agreement, that's their business. And with so much of coastal Louisiana held by absentee landowners, it's no surprise that they don't really care about what's happening on the surface, they bought it for the sub-surface rights.

BUT

It also seems to me that if a land owner makes (or is responsible for) hydrologic changes to their land that alter the drainage on my property, I could have a case against my neighbor.

This is how I see it shaking out, and the State really not having anything to do with it.
Posted by Dock Holiday
Member since Sep 2015
1825 posts
Posted on 12/7/16 at 2:52 pm to
quote:

I am not going to just give it up You are crazy.


I'm legitimately curious, what do you feel like you would be giving up? I assume we are talking about areas that are in fact navigable at the normal average high water mark.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 12/7/16 at 2:56 pm to
Mineral rights.
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5541 posts
Posted on 12/7/16 at 3:35 pm to
You are giving up your ownership rights. If that land ever does come back, you don't get it back.
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5541 posts
Posted on 12/7/16 at 3:40 pm to
Years ago Louisiana Sportsman was a very good magazine and website (it was one of the only ones around) and when you subscribed to LAS you also became a member of CCA. Some people got on LAS and started talking nonsense about how all navigable waterways are public- meaning if you could float a boat in it, you should be able to fish it and hunt it (all this was of course not the way the law is written, but they kept on and kept on). Eventually this group got mad because CCA would not step in and tackle this issue. When CCA didnt tackle this issue LAS broke ties with CCA

I believe that was the beginning of the downward spiral for LAS.

Those people were passionate about it, but they were still very much in the wrong
Posted by Pepperidge
Slidell
Member since Apr 2011
4388 posts
Posted on 12/7/16 at 3:51 pm to
quote:

Fine. Strip coastal restoration of tax payer funding. If private property owners want to keep their land, they can fund it themselves.


I believe it is their property and should not be trespassed upon...

but the above is what needs to be done...

If they want help to keep their property from disappearing, then let them find common ground an donate the outermost portion for public use with the law written that would protect them from lawsuits involving public use...
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5541 posts
Posted on 12/7/16 at 3:56 pm to
It benefits all of us to have restoration work done even on private marsh. Most of the land in Louisiana is in fact private. Marsh is one of the most productive ecosystems in the world. its a nursery for tons of things we eat and food for other things that we like to eat.

A young shrimp or crab or redfish doesnt know or care if it's in private land
Posted by Dock Holiday
Member since Sep 2015
1825 posts
Posted on 12/7/16 at 4:03 pm to
quote:

You are giving up your ownership rights. If that land ever does come back, you don't get it back.


This is a fear that you need not foster. Noone would be giving up mineral or property rights, just the inability to exclude the public for waters that are in fact navigable.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86508 posts
Posted on 12/7/16 at 4:11 pm to
quote:

This is a fear that you need not foster.
It's not fear-it's truth.
quote:

Noone would be giving up mineral or property rights, just the inability to exclude the public for waters that are in fact navigable.

You are creating a hybrid form of property that doesn't presently exist. BTW, why do you keep saying navigable? What would be your definition of navigable?
Posted by TexasTiger39
Member since Mar 2009
3671 posts
Posted on 12/7/16 at 4:12 pm to
(no message)
This post was edited on 12/7/16 at 4:28 pm
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 12/7/16 at 4:28 pm to
quote:

Most of the land in Louisiana is in fact private. Marsh is one of the most productive ecosystems in the world. its a nursery for tons of things we eat and food for other things that we like to eat.


Which is why it should not be left to the property owners to protect, at least in my own opinion. It is far too valuable for any one person to hold title. There are examples like this all over the place and in many different landscapes.

At some point all land was taken from one person, and sold to another or set aside for all to enjoy. There is no reason it can not happen again.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86508 posts
Posted on 12/7/16 at 4:30 pm to
Where's this money going to come from?
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5541 posts
Posted on 12/7/16 at 4:31 pm to
quote:

Exclude the public from waters that are in fact navigable



My goodness. Just because water is navigable does NOT mean it's public. The ditch in my backyard floods at times and is navigable but I'll be damned if I let someone drive a boat through it
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 12/7/16 at 4:33 pm to
quote:

Where's this money going to come from?


I don't know.
Posted by Dock Holiday
Member since Sep 2015
1825 posts
Posted on 12/7/16 at 4:35 pm to
quote:

It's not fear-it's truth.

I'd like to ask for the greater audience and myself to show where this is in fact true. Not go look it up youself, but actual facts that this is true.
Posted by White Bear
OPINIONS & A-HOLES
Member since Jul 2014
17271 posts
Posted on 12/7/16 at 4:38 pm to
Navigable at 1812 usually means public, at least I means State ownership of minerals. Navigablility as in "i can paddle a pirogue through it after a 3" rain" is an entirely different animal, but it means a lot to folks that hunt backwaters, and fish private marsh.
This post was edited on 12/7/16 at 4:40 pm
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