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Profit Island
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| Number of Posts: | 20 |
| Registered on: | 8/14/2017 |
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re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/18/18 at 11:08 am to yallallcrazy
This is another miscommunication between landowners and fishermen. Navigable refers to whether it was navigable in 1812. This can be discovered by one of two methods. Go to the General Land Office website which is part of the BLM. You can look back through the patent search by section township range and access the plat and surveyors notes.(I hope you speak French.) Or you can go to Google earth and scroll back on the timeline to the aerials back to the 1940s that are loaded onto their program.
The idea by most of the proponents to HB 391 that navigable refers to wherever my gator tail can access causes a big problem in the attempted conversations.
The idea by most of the proponents to HB 391 that navigable refers to wherever my gator tail can access causes a big problem in the attempted conversations.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/18/18 at 11:01 am to CootDisCootDat
The state has already admitted that they do not have an adequate budget to legally survey the coast. this is why the state land office map is constructed by sub contractors with digitization pens looking at aerial photos. Furthermore this creation of maps using photos instead of surveyors is why there is a huge disclaimer over the screen when you pull up the map that states it does not purport to represent ownership. Plus it would be a waste of money as quickly as the land is eroding.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/18/18 at 10:57 am to CootDisCootDat
The idea of acquisitive prescription is a great point. That is absolutely why landowners lease the property out for hunting, crabbing, etc., while simultaneously asking trespassers to please leave. The requirement of the landowner to display open and notorious possession almost creates a requirement not to allow unfettered access by the public lest they create a public servitude.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/18/18 at 9:24 am to rsoudelier1
My point is that under the current law it is apples and apples. In both scenarios the law doesn't care if people used to be able to access it. When it enters the boundaries of the owners property the owner can control access as he/she sees fit.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/18/18 at 8:59 am to rsoudelier1
Your stance on stating that a public resource should be accessible no matter where it is is not currently supported by Louisiana law or jurisprudence. A landowners property rights are encompassed within the four corners of the property boundaries. Once a man made canal enters those areas it can be controlled by the property owner.
Lets say you live on a corner lot. For years the neighborhood kids have been cutting their bikes across your lawn to go to the convenient store. Eventually you want to stop them killing your grass so you put up a fence. Now the kids run to the neighborhood association and say that the continued allowance of the cut through has created a public servitude. Its not legal and it is not right. This is still America and Private Property owners have rights. You should reach out to Vladimir putin or Bernie Sanders. They might support your stance.
Lets say you live on a corner lot. For years the neighborhood kids have been cutting their bikes across your lawn to go to the convenient store. Eventually you want to stop them killing your grass so you put up a fence. Now the kids run to the neighborhood association and say that the continued allowance of the cut through has created a public servitude. Its not legal and it is not right. This is still America and Private Property owners have rights. You should reach out to Vladimir putin or Bernie Sanders. They might support your stance.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/17/18 at 8:48 pm to Dock Holiday
The irony of that actually made me laugh.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/17/18 at 8:40 pm to Dock Holiday
You sound like a trespasser so I am going to take all of the stuff you just said with a grain of salt.
And I bet that the gate situation is about to go crazy. And the worst part is it’s totally legal. Shouldn’t have kicked the hornets nest.
And I bet that the gate situation is about to go crazy. And the worst part is it’s totally legal. Shouldn’t have kicked the hornets nest.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/17/18 at 7:27 pm to dpark
1. The public has been fishing these waters for years and they still do. Most of the time people fish and landowners ask them to please leave and they do. The dance is not the biggest issue in the world. This problem was brought to a head when Daryl carpenter was run out of a place three times in a row and then filed a law suit against the landowner (land is a geographical boundary in the marsh not dictated by whether it is currently water or earth). Daryl lost the law suit and got mad and started a Facebook group to try and get a law put in place so he could fish wherever he wanted.
2. The idea for paying to rehab the coast is multifaceted. Hurricane protection is one issue. You also don’t want the marsh to erode all the way to Leeville or HOUMA. The state is also partially responsible (a recent study said up to 75% responsible) for the erosion by the way they leveed and dammed all of the rivers and bayous. This is a way to make that up.
3. The biggest problem that is going to come from this is further restricted access. There was an inclusion of a deadline within which to have a gate built. I am sure all landowners are now worried that if this comes again, which has already been stated in this thread, that they need to build gates now just in case.
If I were an entrepreneur I would start a canal gate building company.
Overall it was a good day for people who care about private property rights.
2. The idea for paying to rehab the coast is multifaceted. Hurricane protection is one issue. You also don’t want the marsh to erode all the way to Leeville or HOUMA. The state is also partially responsible (a recent study said up to 75% responsible) for the erosion by the way they leveed and dammed all of the rivers and bayous. This is a way to make that up.
3. The biggest problem that is going to come from this is further restricted access. There was an inclusion of a deadline within which to have a gate built. I am sure all landowners are now worried that if this comes again, which has already been stated in this thread, that they need to build gates now just in case.
If I were an entrepreneur I would start a canal gate building company.
Overall it was a good day for people who care about private property rights.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/17/18 at 5:59 pm to LaTexan
All Yall Baws better stay off my property now. With Ya Gator Tails, and Ya Air boats. Tickets for everybody.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/16/18 at 3:02 pm to AlxTgr
Not new, just cant get the mods to unban my other account. My co workers got on my computer while I was out of town and wreaked havoc on my social media. baw.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/16/18 at 2:17 pm to redfishfan
If instead the river was a canal, non navigable at the time of 1812, and the canal had eroded away expanding the original Right of way your dad would still own it all.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/16/18 at 2:15 pm to redfishfan
No. That falls under the laws dealing with accretion and avulsion of the river bed. Your dad loses land to the water. The neighbor on the other side of the river actually gains ownership.
Unless you are unlucky enough to be dealing with the pricks at the state, like at the wax, where they claim the water and the newly created land.
Unless you are unlucky enough to be dealing with the pricks at the state, like at the wax, where they claim the water and the newly created land.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/16/18 at 11:06 am to pointdog33
This is a fake talking point. When is the last time you heard of a landowner shooting a trespasser on the marsh. Social media is trying to make it sound like we are in the middle of a Mad Max movie.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/16/18 at 11:05 am to HotKoolaid
They were compensated. There are permit fees and mitigation banking requirements in place. If the people now think that the prices paid at that time are not sufficient... well... sucks to suck lol.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/16/18 at 9:11 am to HotKoolaid
But the public doesn't really want access to the water for pleasure boating. They want access to the fish. Which brings it back around to my analogy with the deer.
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted by Profit Island on 4/16/18 at 9:01 am to Hammertime
This stance is so crazy. If I put up a gate on my hunting club and throw corn am I now illegally holding the publics deer? The boundaries of private property are geographical and they don't give consideration to man made canals just like a driveway off the highway doesn't allow every Tom Dick and Harry to come hunt the deer on my lease.
When the neighbors run dogs and they come over on our property its exactly like some Toby coming onto my private property when I am trying to duck hunt.
I cannot believe how many of the fishermen I am hearing from are flat out communists on this issue. Lets take from one group and give it to the people. I wonder how man Bernie Bro stickers I am going to start seeing at the boat launch. Bunch of dirty hippy communist Cajuns.
When the neighbors run dogs and they come over on our property its exactly like some Toby coming onto my private property when I am trying to duck hunt.
I cannot believe how many of the fishermen I am hearing from are flat out communists on this issue. Lets take from one group and give it to the people. I wonder how man Bernie Bro stickers I am going to start seeing at the boat launch. Bunch of dirty hippy communist Cajuns.
re: Clovelly Farms Fishing
Posted by Profit Island on 2/6/18 at 5:32 pm to reds on reds on reds
SONRIS.com >GIS Access> Magnifying glass to Lafourche Parish> Expand the "reference layers" tab on the Table of Contents> Click the "Legal Areas" box, and the State Claimed water bodies box.>Minimize Reference Layers>Expand "Imagery and Maps">Click "Aerial Photographs (2007 NAIP)" box.
Anywhere yellow or Purple the Sherriff can be called on you. Easy as pie. lol.
Anywhere yellow or Purple the Sherriff can be called on you. Easy as pie. lol.
re: Clovelly Farms Fishing
Posted by Profit Island on 2/6/18 at 4:15 pm to Profit Island
Any of yall know how to upload a screenshot? If so I can show you the exact boundaries.
re: Clovelly Farms Fishing
Posted by Profit Island on 2/6/18 at 4:12 pm to lowhound
LINK
This should take you to the portal that shows all of the private lands off of Bayou Lafourche. Don't get caught up in that sucker without a pass. They get mad mad.
This should take you to the portal that shows all of the private lands off of Bayou Lafourche. Don't get caught up in that sucker without a pass. They get mad mad.
re: Spinoff of the Troy Landry Thread- When is trespassing ok?
Posted by Profit Island on 2/2/18 at 10:04 am to JAB528
The law is on the side of the landowners. I recommend all of the trespassers staying out of the private canals and fishing in the more than 4.5 million acres of publicly available waterways in the wonderful state of Louisiana. These conversations always remind me of the stories that came out of Avoyelles Parish when the first high fence went up. All the coonasses from Plaucheville, Mansura, Bordelonville, etc., would drive the perimeter of the fence and shoot the deer inside because "how you gonna trap my deers like dat." Private property is private property. Sorry Charlie. Don't be a dirty trespasser.
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