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Started By
Message
re: Spinoff of the Troy Landry Thread- When is trespassing ok?
Posted on 2/2/18 at 10:49 am to lsupride87
Posted on 2/2/18 at 10:49 am to lsupride87
I truly do see both sides of the argument.
My best explanation for my view is something like this. Wildlife and water are both public resources. Similar to a buck walking off a WMA onto my land or a duck coming out of the sky and landing in my pond, the fish swims out of the bayou into my canal (I don't own any canals).
My experience with it is this: I lease a pond to duck hunt in salt marsh in Montegut. That whole area is privately ownd. They don't cause a fuss for people fishing it but it never fails that you will be duck hunting and someone will want to fish in that pond. They end up being assholes about it. They are in the wrong. It drives me insane.
This is different than the freshwater argument of course but still similar. At one point it was all land, through the fault of the state (levees and dams), it is now eroding away. Should that owner just concede and lose his land?
My best explanation for my view is something like this. Wildlife and water are both public resources. Similar to a buck walking off a WMA onto my land or a duck coming out of the sky and landing in my pond, the fish swims out of the bayou into my canal (I don't own any canals).
My experience with it is this: I lease a pond to duck hunt in salt marsh in Montegut. That whole area is privately ownd. They don't cause a fuss for people fishing it but it never fails that you will be duck hunting and someone will want to fish in that pond. They end up being assholes about it. They are in the wrong. It drives me insane.
This is different than the freshwater argument of course but still similar. At one point it was all land, through the fault of the state (levees and dams), it is now eroding away. Should that owner just concede and lose his land?
1
Posted on 2/2/18 at 10:50 am to HotKoolaid
quote:
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.
That's a new market for GPS Maps. 1812 overlay.....
they would sell like hotcakes
Posted on 2/2/18 at 10:51 am to lsupride87
quote:
This is so much more complicated then anyone in this thread, myself included, can fully comprehend
Bump
Posted on 2/2/18 at 10:51 am to Elusiveporpi
quote:Judging by the signs I see now, the entire Spillway was built by Norman Breaux
That's a new market for GPS Maps. 1812 overlay.
Posted on 2/2/18 at 10:52 am to lsupride87
quote:
We understand the law you prick
You're let your emotions run away with you.
quote:
The state believes that if you dig a canal, you own and can control the water in your canal. We all understand the law
That's actually inaccurate, the state believes that if you dig a canal on private property, you are still allowed to restrict access to your own private property, some of which now is under water. Much like they do about your private property when there is a flood, It's still your private property even though it's covered with water.
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
So you should try to get the laws changed or move.
I have a question for you. If the law changes, should the land owner then have the right to fill in said canal? How about just filling in the end where the gate is?
Posted on 2/2/18 at 10:53 am to AlxTgr
quote:Go look at some of the cases in both our state, and others, regarding this.
Bump
The way the law is written is very simple.
However, simple laws can go on to have unbelievably complex issues surrounding such
This post was edited on 2/2/18 at 10:54 am
Posted on 2/2/18 at 10:53 am to DirtyMikeandtheBoys
quote:
This thread makes me so glad I only fish saltwater
Because no marshland is posted?
Posted on 2/2/18 at 10:54 am to mdomingue
quote:And then let's talk about Crooks vs. Dept. of Natural Resources, and the money for the massive taking that will have occurred.
If the law changes, should the land owner then have the right to fill in said canal? How about just filling in the end where the gate is?
Posted on 2/2/18 at 10:55 am to mdomingue
quote:Which is pretty much what most people do, due to the lawmakers and govt within this state.
So you should try to get the laws changed or move.
I did move. And it was wonderful. My wife is from Nola though, if you can convince me how to get her to leave again I will gladly become a gate builder for your private canals when I come in for the holidays
This post was edited on 2/2/18 at 10:56 am
Posted on 2/2/18 at 10:56 am to DirtyMikeandtheBoys
quote:
This thread makes me so glad I only fish saltwater
Yeah, people in this thread are most likely talking about saltwater fishing...
Posted on 2/2/18 at 10:58 am to lsupride87
quote:
My wife is from Nola though, if you can convince me how to get her to leave
Posted on 2/2/18 at 11:00 am to lsupride87
quote:
My wife is from Nola though, if you can convince me how to get her to leave again I will gladly become a gate builder for your private canals when I come in for the holidays
Well played and good luck with that. I got no canals, I'm OB poor. 
Posted on 2/2/18 at 11:03 am to JAB528
quote:
Because no marshland is posted?
no dipshit
because the best saltwater fishing in the world is so publicly accessible here that thoughts like posted/gates/etc don't even have to cross your mind
Posted on 2/2/18 at 11:07 am to redneck
I'm glad im not a dick about my private marsh except during duck season when people come in and ruin my hunts
Posted on 2/2/18 at 11:11 am to DirtyMikeandtheBoys
Well, tell that to the folks we have to run off of our marsh camp every weekend during the summer. Thanks.
Posted on 2/2/18 at 11:12 am to redneck
It shouldn't be ok to trespass regardless of what's owned or if it's in season or not
Posted on 2/2/18 at 11:13 am to DirtyMikeandtheBoys
quote:
because the best saltwater fishing in the world is so publicly accessible here that thoughts like posted/gates/etc don't even have to cross your mind
Yet, most of the people I know who bring these complaints up fish saltwater in SWLA.
Posted on 2/2/18 at 11:14 am to lsucoonass
quote:This is one of the bigger headscratchers to me.
or if it's in season or not
Posted on 2/2/18 at 11:17 am to Chuker
quote:
We pay taxes
Our taxes are used to maintain the public roads
Troy landry takes the public roads that is maintained by taxpayers money into his land
He then gates land and does not let public taxpayers on some of the land they paid taxes to maintain
this ^^^^^
people get all stupid when the water is involved but when you change it to land, suddenly they agree they cant block off public roads crossing private property.
if they put up solid barriers the prevent the states natural resources from entering those canals then they can call them private.
but and body of water with natural tide flows allowing a minimum of 3ft of water at the lowest tides of the year, those should be considered as state water ways and not private.
almost the entire interior marshes are being blocked off and reclassified as private "land" and this is undeniable if you are an honest person. any place shown on an 1812 map as water is the only water ways considered as public by the rules they are using right now so look at a map and you see everywhere you fish right now can at any time be fenced off and claimed as "private"
any place you see on this map below that has water, is the "ONLY" place you are allowed to fish without being ticketed or possibly arrested for trespassing. any land that has since become marsh can be leased (and almost all of it has been) and all access to public can be denied. this means we are talking about nearly 70% of the entire states water related natural resources is off limits to the public, it just hasnt "yet" all been gated off.
for anyone having trouble reading that map, the coast line you see is now, on average, at least a mile and some places several miles off shore on todays map
Posted on 2/2/18 at 11:17 am to lsupride87
quote:
We pay taxes
Our taxes are used to maintain the public waterways
Troy landry takes the public water that is maintained by taxpayers money into his canal
He then gates canal and does not let public taxpayers on some of the water they paid taxes to maintain
We pay taxes
Our taxes are used to maintain public roadways
Still doesn't mean you can access private roadways that are on private property just because the landowner uses a public roadway to get to his property.
quote:
The water, and fish, that filled their waterway, was taken from the public
Water also falls from the sky. Do you use the same logic when someone owns hunting land adjacent to public land and puts out a bunch of feeders on their property that lures all the public land deer onto their private land?
This post was edited on 2/2/18 at 11:20 am
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