Domain: tiger-web1.srvr.media3.us Louisiana Open Water Petition | Page 11 | O-T Lounge
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re: Louisiana Open Water Petition

Posted on 1/25/17 at 2:10 pm to
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86923 posts
Posted on 1/25/17 at 2:10 pm to
quote:

The water and fish that are within property boundaries that you own are a part of the public trust and should be made available to the public.


quote:

I have similar opinions of high fenced areas for deer.

OK, but so are many other critters that are not fenced in. Migratory fowl for instance. Why do some of you want to treat water differently than land?
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 1/25/17 at 2:17 pm to
quote:

The water and fish that are within property boundaries that you own are a part of the public trust and should be made available to the public. I have similar opinions of high fenced areas for deer.


should you be allowed to use a surface drive or mudboat to access that 6 pond you want to fish and hunt ducks out of?

Isnt the muddy bottom you're having to travel through my muddy bottom?
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
65755 posts
Posted on 1/25/17 at 2:18 pm to
quote:

Fantastic, but there is only one spot bathroom house and the bathhouse for showers is not in that section.




sweet
so I should be good with just my hammock tent to hang?

appreciate the response
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 1/25/17 at 2:23 pm to
quote:

Land ownership should constitute ownership of land and not the water that flows in and out and over it. We want to have the "if it floats it boats" policy enacted in the State of Louisiana



Why???? Other than the fact that you want to utilize that particular water, what reasoning should it be for you to use? How is it in any way different than land?

I want any driveway or private road available for me to access if it is connected to a public road. "If I can drive on it, I can thrive on it."
Posted by JamalSanders
On a boat
Member since Jul 2015
12216 posts
Posted on 1/25/17 at 2:26 pm to
quote:

OK, but so are many other critters that are not fenced in. Migratory fowl for instance. Why do some of you want to treat water differently than land?


I'm not totally understanding your question. Are you asking why I think the water is public and the land is private? I don't think you should be able to block off a public resource.

quote:

should you be allowed to use a surface drive or mudboat to access that 6 pond you want to fish and hunt ducks out of? Isnt the muddy bottom you're having to travel through my muddy bottom?


In Alabama, your property stops at the water line. And you cannot do any improvements to your property within 15 feet of the waterline without permission from the ACE.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86923 posts
Posted on 1/25/17 at 2:27 pm to
quote:

so I should be good with just my hammock tent to hang?

Yes.

quote:

appreciate the response

You better. Dealing with chickenshit motherfrickers all day today.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86923 posts
Posted on 1/25/17 at 2:28 pm to
quote:

I don't think you should be able to block off a public resource.

OK, but it's not a public resource.

Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 1/25/17 at 2:28 pm to
quote:

In Alabama, your property stops at the water line. And you cannot do any improvements to your property within 15 feet of the waterline without permission from the ACE.



ok, but this is Louisiana.
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 1/25/17 at 2:32 pm to
quote:

The water and fish that are within property boundaries that you own are a part of the public trust and should be made available to the public. I have similar opinions of high fenced areas for deer.


So you think that if a deer roams onto private property, you should have the right to hunt it? You have access to the property, because the deer is part of the "public trust". Same thing with water. The fish is free to come and go as is the deer. You do not get the right to trespass in the land scenario, so what's different about the water.

And your high fence argument is stupid. Again, do you think a private pond in someone's back yard with a few perch in it should be accessed by you. Even if they caught them in a bayou and put them in there? That's all a high fence is, just on a bigger scale.
Posted by JamalSanders
On a boat
Member since Jul 2015
12216 posts
Posted on 1/25/17 at 2:36 pm to
quote:

OK, but it's not a public resource


Water? Absolutely should be a public resource. Which is my point.

quote:

ok, but this is Louisiana.


I have already acknowledged that. I have pivoted from my original statement due to Louisiana having different laws from what I am used to. I have an issue with the law.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
65755 posts
Posted on 1/25/17 at 2:41 pm to
quote:

You better. Dealing with chickenshit motherfrickers all day today.







Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 1/25/17 at 2:42 pm to
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
65755 posts
Posted on 1/25/17 at 2:42 pm to
quote:

And your high fence argument is stupid. Again, do you think a private pond in someone's back yard with a few perch in it should be accessed by you. Even if they caught them in a bayou and put them in there? That's all a high fence is, just on a bigger scale.



your pond argument is stupid.

thats not connected to a navigable waterway like some ponds in the marsh
Posted by canyon
MM23
Member since Dec 2003
21922 posts
Posted on 1/25/17 at 2:44 pm to
Is that Babe Ruth?
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 1/25/17 at 2:48 pm to
quote:



your pond argument is stupid.

thats not connected to a navigable waterway like some ponds in the marsh



What about if you have to use a mud boat to go through mud and marsh to get to a pond that is tidal? Isnt that the same as walking though someone's backyard to get to their pond?
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
149287 posts
Posted on 1/25/17 at 2:53 pm to
If their 'backyard' is marsh that is subjected to tidal differences connected to a navigatable waterway, then yes their 'backyard' is (should be) considered public.... an I reading this wrong?
This post was edited on 1/25/17 at 2:54 pm
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 1/25/17 at 2:56 pm to
quote:

If their 'backyard' is marsh that is subjected to tidal differences connected to a navigatable waterway, then yes their 'backyard' is (should be) considered public.... an I reading this wrong?



but according to some in this thread the waterway bottom belongs to the landowner, the water is public
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
149287 posts
Posted on 1/25/17 at 2:58 pm to
Too bad there just isn't any common sense used in legislation anymore
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
65755 posts
Posted on 1/25/17 at 3:05 pm to
quote:

but according to some in this thread the waterway bottom belongs to the landowner, the water is public


I look at it like the rivers in the florida parishes. you can be in the water but not on someone's beach.

if there is water it fair game.

of course I don't agree with hunters getting the short end of the stick.
Posted by TheCurmudgeon
Not where I want to be
Member since Aug 2014
1481 posts
Posted on 1/25/17 at 3:15 pm to
Just putting the law out there:

Civil Coder Art. 450. Public things.

Public things are owned by the state or its political subdivisions in their capacity as public persons.

Public things that belong to the state are such as running waters, the waters and bottoms of natural navigable water bodies, the territorial sea, and the seashore.

Public things that may belong to political subdivisions of the state are such as streets and public squares.

Art. 451. Seashore.
Seashore is the space of land over which the waters of the sea spread in the highest tide during the winter season.
This post was edited on 1/25/17 at 3:16 pm
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