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re: Spinoff of the Troy Landry Thread- When is trespassing ok?
Posted on 2/2/18 at 10:33 am to AlxTgr
Posted on 2/2/18 at 10:33 am to AlxTgr
quote:Ok. So you would straight call the lawmakers from TX and everywhere else dumb fricks?
No, it's really very, very easy
This post was edited on 2/2/18 at 10:34 am
1
Posted on 2/2/18 at 10:35 am to lsupride87
quote:Why would I? Their law is what it is. You are very, very confused right now.
So you would straight call the lawmakers from TX and everywhere else dumb fricks?
Posted on 2/2/18 at 10:37 am to Cowboyfan89
quote:The bayou existed, no? Doesn't matter where it was.
It's based on some old-arse map from when Louisiana became a state. That bayou wasn't on my land then.
If it wasn't navigable in 1812(where ever it was) then yes, you and every other surrounding owner can restrict access.
Posted on 2/2/18 at 10:37 am to AlxTgr
He is way in over his head.
Posted on 2/2/18 at 10:37 am to Cowboyfan89
quote:
Here's a question for the pro-private water crowd: if a bayou changes course over time, and the new course moves onto my property, old course dries up...can I now put up gates and control access to said portion of bayou that is on my land?
Has this not been adjudicated before? Natural bayous and lakes are state owned. Man made canal typically aren't and are subject to the whims of the private owner. It's not rocket science or new. Most private canals I know of were not dug by the state but by private companies or citizens. Seems a reasonable expectation that a privately dug canal on private property should remain private property and a publicly owned waterway that naturally shifts course should remain public.
Posted on 2/2/18 at 10:38 am to AlxTgr
quote:Because you have been smug as can be to condescend my opinion here that I believe the waterways should be navigable, and treated differently than land.
Why would I? Their law is what it is. You are very, very confused right now.
You have called me dumb, so I can only assume all the other states are very very very dumb to you because their law actually matches my opinion
Posted on 2/2/18 at 10:38 am to mdomingue
I'm not really sure why this is so hard for people to understand.
Posted on 2/2/18 at 10:40 am to JAB528
quote:We understand the law you prick
'm not really sure why this is so hard for people to understand.
The state believes that if you dig a canal, you own and can control the water in your canal. We all understand the law
We disagree with the law and how our state is one of the only which to have said law written the way it is
Posted on 2/2/18 at 10:42 am to JAB528
quote:
I'm not really sure why this is so hard for people to understand.
Because they know that big fish is right at the end of that canal on the other side of that darn gate!
Posted on 2/2/18 at 10:43 am to lsupride87
quote:
We disagree with the law and how our state is one of the only which to have said law written the way it is
back to the original question, are you cool with trespassing on the water?
Posted on 2/2/18 at 10:43 am to lsupride87
So you're mad that people own property, damn those property owners.
Posted on 2/2/18 at 10:44 am to lsupride87
quote:I am just calling out misinformation and poor rhetoric. Texas law has nothing to do with it. If someone says, "I prefer the way another State handles this issue", I won't even post.
Because you have been smug as can be to condescend my opinion here that I believe the waterways should be navigable, and treated differently than land.
quote:Do you really not get this? You post things that are dumb. The belief you have itself is not dumb. What you post about how things are in La. are dumb. Advocating for a change is fine. You just don't seem to grasp what the laws/rules are currently.
You have called me dumb, so I can only assume all the other states are very very very dumb to you because their law actually matches my opinion
Posted on 2/2/18 at 10:44 am to redneck
There is a lot of water available for people to fish. The number of fishermen we have below the saltwater line vs the number of criminal trespassing cases should tell you everything you need to know. The issue is very real, but it is often very overblown. Emotions get involved and it becomes a great big muddy mess.
The way the law is interpreted, it seems to turn a blind eye to damage caused by property owners dredging their land for canals. Not only did it damage their own property but also the surrounding marsh. Canals get silted in, some erode completely, public waterways become impassable, and so on. The deal with the 200 year old map is another issue.
That's not really a good way to look at the issue. If you spend enough time around the marsh it becomes pretty clear that staying off private waterways is not an easy thing to do. When does the responsibility fall on the land owners to mark their property in such a way that fishermen at least have an idea of what is public? Obviously no law exists requiring posting but how else are we supposed to know? No reliable map exists and in some areas trespassing is ignored completely. Marsh owners want you to stay out of their marsh, but a lot of them don't want to tell you where that marsh is located.
The way the law is interpreted, it seems to turn a blind eye to damage caused by property owners dredging their land for canals. Not only did it damage their own property but also the surrounding marsh. Canals get silted in, some erode completely, public waterways become impassable, and so on. The deal with the 200 year old map is another issue.
quote:
so basically, in the eyes of the OB, trespassing is not allowed when hunting, but is perfectly fine when fishing?
That's not really a good way to look at the issue. If you spend enough time around the marsh it becomes pretty clear that staying off private waterways is not an easy thing to do. When does the responsibility fall on the land owners to mark their property in such a way that fishermen at least have an idea of what is public? Obviously no law exists requiring posting but how else are we supposed to know? No reliable map exists and in some areas trespassing is ignored completely. Marsh owners want you to stay out of their marsh, but a lot of them don't want to tell you where that marsh is located.
Posted on 2/2/18 at 10:45 am to redneck
quote:I will never go across a gated canal
back to the original question, are you cool with trespassing on the water?
Posted on 2/2/18 at 10:45 am to lsupride87
quote:It's not a belief. It's the law, as it has been since the State was admitted.
The state believes that if you dig a canal, you own and can control the water in your canal. We all understand the law
quote:If you would just say this, and not all the things that are counter to the law, you'd get no argument from anyone.
We disagree with the law and how our state is one of the only which to have said law written the way it is
Posted on 2/2/18 at 10:46 am to redneck
quote:
so basically, in the eyes of the OB, trespassing is not allowed when hunting, but is perfectly fine when fishing?
Honestly- if this were the rules, i wouldn't be mad at it. I just want to fish. I get I can scare the ducks, deer etc If I'm fishing while your hunting. But other than that, let me fish, ill even say please
Posted on 2/2/18 at 10:47 am to HotKoolaid
quote:The State messed this up big time.
When does the responsibility fall on the land owners to mark their property in such a way that fishermen at least have an idea of what is public? Obviously no law exists requiring posting but how else are we supposed to know? No reliable map exists and in some areas trespassing is ignored completely. Marsh owners want you to stay out of their marsh, but a lot of them don't want to tell you where that marsh is located.
Posted on 2/2/18 at 10:47 am to AlxTgr
quote:Yes I do
You just don't seem to grasp what the laws/rules are currently.
The law itself is not very difficult to understand.
The arguments set forth, if you go look at some cases, are not as simple as you want to make them in this thread.
Posted on 2/2/18 at 10:49 am to AlxTgr
quote:How can you say the law should be different, and not give reasons why?
If you would just say this, and not all the things that are counter to the law, you'd get no argument from anyone.
Posted on 2/2/18 at 10:49 am to AlxTgr
This thread makes me so glad I only fish saltwater
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