LA Civil Code article 450 waterways
I am by no means a lawyer or anywhere close to an expert in the field;however, am just trying to better educate myself on the marshes and waterways of Louisiana. I know this issue is a very slippery slope and no one really seems to know the answers, at least not in the places I?ve looked for info. LA Civil 450 states that if a water way is natural and was not a man made canal or bayou, then the sediments of the water way bottom is state owned land. However, there seem to be many bayous in La that lead into marshes that have a posted sign in the dead center of them, and the wildlife and fisheries will tell you that it ?somebody? claims to own the water way then it?s private and to stay off even if it?s natural. So I guess the real question does the Civil Code article 450 even really stand for anything at all or is it just a cliche saying to make sportsman?s paradise sound good? Is the marshes of Louisiana even worth fishing at all because 70 percent of them seem to be ?owned??
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i believe state owned water bottoms were designated back when LA first became a state. So, whatever waterways were deemed navigable in the early 1800’s are believed to be public today. Questionable surveying practices in the 1800?s and erosion since statehood has had big impact on perceived declinations between private and state waterbottoms. Unless you?re in water down by the gulf, in a big bayou or in a WMA/NWR, there’s a good chance you?re trespassing. Whether or not the ?land? owner enforces their right to private property is unknown, usually until it?s too late. Additional grey area exists when sportsmen are confronted by self proclaimed “lessors” of private land. How can one know for sure if T-boy Trahan is actually a legal rep of the private water you are allegedly encroaching?
The Louisiana office of state lands website has a GIS map feature which shows just how little of Sportman?s paradise the public can freely enjoy. What a time to be alive! cheers |
Honestly it?s beginning to be a little bit ridiculous in my opinion of the amount of natural water ways that are restricted from anglers. Louisiana is the only state in this country that you can legally ?restrict? access to natural bayous etc and prohibited the public from enjoying the states natural resources. Makes you question is it even worth the public to donate their money to conservation projects that restore our states marshland if the people who are donating their money ?the public? can?t even enjoy the resource? Many of these things are behind my understanding honestly of why Louisiana is the only state like this I do know it certainly hurts the economy of Louisiana coastal communities. I recent just joined the La Sportsmen coalition guess we will see where the political ride goes lol.
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It's very sad to say the least. And us here on west side don't have it as bad as our friends back east
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Heard they already gated some canals off in and around black Bayou back towards Sabine refuge
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