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re: Spinoff of the Troy Landry Thread- When is trespassing ok?
Posted on 2/2/18 at 1:02 pm to RogerTheShrubber
Posted on 2/2/18 at 1:02 pm to RogerTheShrubber
quote:You are correct for every state except for the always making good rational decisions state of LA
You do not own a body of water unless it's 100% on your property. Interconnected waterways are public.
1
Posted on 2/2/18 at 1:09 pm to lsupride87
quote:
Wait, do you really not think any taxes go to maintaining our waterways?
Yes, tax money goes towards dredging and maintaining shipping channels on public waterways.
But tax money isn't going towards maintaining a canal on private property.
Posted on 2/2/18 at 1:21 pm to lsupride87
So I own 15 acres in marshland, it erodes away to 5ac of actual "land", yet I still have to pay taxes on the whole 15, everyone should have access to it?
Posted on 2/2/18 at 1:26 pm to lsupride87
quote:
Of course it should
Everyone of the baws in here complains about LA being corrupt and one of the worst run states
There is a reason LA is unique with this law. Someone, somewhere, is getting their palms greased for it
I think you misunderstood what I meant.
If state law says you can block off a canal on your private property, then you can block off a canal on your private property.
Posted on 2/2/18 at 1:37 pm to X123F45
quote:
All before 1985 of course.
Uh, so it was Agriculture related?
1985 has nothing to do with non-agricutural lands.
Posted on 2/2/18 at 1:39 pm to Cowboyfan89
Already proved it was a preexisting pond to DEQ 
Posted on 2/2/18 at 1:41 pm to GEAUXT
quote:Of course you can.
I think you misunderstood what I meant.
If state law says you can block off a canal on your private property, then you can block off a canal on your private property.
I just like to think some laws are meant to be changed.
A law simply being a law does not make it a good law.
I mean, we dont think slavery was good do we?
some baws may not want to answer that on a public forum
Posted on 2/2/18 at 1:42 pm to X123F45
Just goes to show how stupid DEQ can be sometimes. They don't even have the ability to make decisions on wetland jurisdiction in Louisiana.
Doesn't change the fact that the 85 date only applies to agricutural land.
Doesn't change the fact that the 85 date only applies to agricutural land.
This post was edited on 2/2/18 at 1:44 pm
Posted on 2/2/18 at 1:49 pm to keakar
I am conflicted on my opinion on this, but i think the issue in a nutshell can be illustrated thusly:
If I own some marshland with a camp, and I dig a canal just so I can park my boat behind the camp, should everyone then be able to ride up and fish in my 'boat port'? I think pretty much everyone would say no.
If you buy my piece of marsh and camp where I had done this, now can people ride up and fish?
Again, I'd bet consensus is no.
What if the land is a little larger, and my buddy has a camp too, and we make the canal longer so as to connect the two? Now, can people use it?
What if I buy some land that Chevron had already build a canal on? Now, everyone wants to use it. It really is the same thing, though.
The issue is simply that it is too hard to draw the line as to which of those is available to the public. Clearly there has to be a line.If people kept coming up my 50 foot canal to fish on my back steps everyone would think that was egregious, but at what point does that line happen?
There is surely room to debate the way the private/public is determined, but clearly there needs to be SOME delineation.
If I own some marshland with a camp, and I dig a canal just so I can park my boat behind the camp, should everyone then be able to ride up and fish in my 'boat port'? I think pretty much everyone would say no.
If you buy my piece of marsh and camp where I had done this, now can people ride up and fish?
Again, I'd bet consensus is no.
What if the land is a little larger, and my buddy has a camp too, and we make the canal longer so as to connect the two? Now, can people use it?
What if I buy some land that Chevron had already build a canal on? Now, everyone wants to use it. It really is the same thing, though.
The issue is simply that it is too hard to draw the line as to which of those is available to the public. Clearly there has to be a line.If people kept coming up my 50 foot canal to fish on my back steps everyone would think that was egregious, but at what point does that line happen?
There is surely room to debate the way the private/public is determined, but clearly there needs to be SOME delineation.
This post was edited on 2/2/18 at 1:50 pm
Posted on 2/2/18 at 1:49 pm to lsupride87
quote:You guys keep saying this with no support whatsoever. Even though it makes no difference at all re: this or any other law:
Florida and Texas disagree with us
Florida article:
quote:
Multiple property owners along a canal is often a sign it can be legally fished. But, not always. There have been a few cases where property owners formed an association, achieved title to the bottom lands, and successfully posted it against trespass by nonresidents.
quote:
As a general rule, if all land surrounding the canal is owned by a single private entity (individual or corporation) it is a sign that it could be legally posted against entry. Again, however, not always. If the bottom lands under the canal have been deeded to another entity, it depends upon who currently owns it.
quote:
But, when you are dealing with canals and legal access to them you really need to figure out who owns the land under the canal at the moment. For that, you need to research it at the property appraiser’s office in whatever county the canal is in. That will show ownership, and if it is not the state or local government you would need to contact the owner to determine if you can access it.”
The same, surprisingly, can also apply to inland freshwater lakes.
Many anglers assume that Florida’s natural lakes are state-owned, and if an angler can legally access the water they can fish it. That’s not always true.
Florida Sportsman
Oh, and credit to Mung for finding this.
This post was edited on 2/2/18 at 1:54 pm
Posted on 2/2/18 at 1:52 pm to yallallcrazy
quote:
There is surely room to debate the way the private/public is determined, but clearly there needs to be SOME delineation.
Yeah, like damn near any other state...if it's tidal, it's public. Or, if you prefer, if it's below the high water mark.
I have no skin in the game, but I can see the argument against the archaic method of determining public/private lines.
Posted on 2/2/18 at 1:53 pm to keakar
quote:So, you're contending that nothing in the marsh was navigable in 1812? I really doubt that's true.
no, the thing "your side" keeps ignoring and refusing to see, is that based on the wording the law uses to say whats private vs public water, besides mississippi river and other rivers, lake ponchartrain and lake marpas, the entire marsh of south louisiana is private so fishing is outlawed in any marsh anywhere in the state of louisiana.
quote:What else is there to say? The law is what it is. Do you really want to get into a taking of those properties?
and you are sitting here saying that that is a fair interpretation of which waters in the state are public and perfectly fine by you
Posted on 2/2/18 at 1:54 pm to AlxTgr
quote:
Many anglers assume that Florida’s natural lakes are state-owned, and if an angler can legally access the water they can fish it. That’s not always true.
Now we are getting ridiculous. If it's a natural waterbody that can be legally accessed, how the shite is it not public?
Posted on 2/2/18 at 1:55 pm to Cowboyfan89
Doesn't matter now. Been developed for 20 years.
Love to know who initially ratted me out. But screw them.
Love to know who initially ratted me out. But screw them.
Posted on 2/2/18 at 1:56 pm to AlxTgr
You realize what you quoted shows floridas laws are different than ours correct, and that navigable waterway is public unless in very rare casese
Their law is complex that goes into bottomland deeded rights
Texasis simple like ours, just on the opposite end of ours
There is some confusing parts when you get to streams that dry up during part of the year etc etc
Their law is complex that goes into bottomland deeded rights
Texasis simple like ours, just on the opposite end of ours
There is some confusing parts when you get to streams that dry up during part of the year etc etc
quote:
In Texas a stream is public if it is "navigable in fact,"or" navigable by statute." There is no precise test for whether a stream is navigable in fact. The term is based on the idea of public utility. One court has observed that "[w]aters, which in their natural state are useful to the public for a considerable portion of the year are navigable."1
This post was edited on 2/2/18 at 2:02 pm
Posted on 2/2/18 at 1:58 pm to Cowboyfan89
quote:
.if it's tidal, it's public.
Not sure that would work. I build a boat house, and you can come park in it all day long and fish while I have to anchor my boat out in the canal? The little boat house cut is definitely affected by tides.
Personally,without a lot of thought, I'd say any water that connects public bodies. If it enters my property and doesn't leave, I can close it off. But I'm sure there will be holes in that as well.
Posted on 2/2/18 at 1:58 pm to Cowboyfan89
quote:I'd be guessing, but probably has to do with how land was granted in the first place.
If it's a natural waterbody that can be legally accessed, how the shite is it not public?
If it's not public, then it's not being legally accessed. Jeeze, some of you are so sloppy with your language.
Posted on 2/2/18 at 2:01 pm to AlxTgr
quote:If e-fighting was real, I would chose to e-fight you
If it's not public, then it's not being legally accessed. Jeeze, some of you are so sloppy with your language.
Between this, and your "its a 6 point posts" I want to check the knucles
Posted on 2/2/18 at 2:05 pm to AlxTgr
quote:
If it's not public, then it's not being legally accessed. Jeeze, some of you are so sloppy with your language.
Wtf are you talking about?
Posted on 2/2/18 at 2:06 pm to yallallcrazy
quote:
Not sure that would work. I build a boat house, and you can come park in it all day long and fish while I have to anchor my boat out in the canal? The little boat house cut is definitely affected by tides.
That's not how it works now! Good grief! People have docks on public water now and you can't go park in them.
quote:
If it enters my property and doesn't leave, I can close it off.
You mean, like a tidally influenced area?
This post was edited on 2/2/18 at 2:07 pm
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