Navitable water ways

[ckinchen]

Originally Posted by Zachary Boy

I tried to stay out of this one but....I rented an R/V lot on Bayou Lafourche for about eight years. We were a couple miles north of Bobby Lynns and there were about 3 little runouts across form our campground. One weekend (when I wasn't there) a friend let his kids age 12 and 9 years old troll across the bayou and fish in the canals to get away from the ever present crew boat/shrimp boat traffic in the Bayou. The so called land owners ran them out and told them "Don't come back, private". These guys also had a camp on the waterfront. Right after dark every weekend ,they came easing out of the same canal with no lights or running lights,threw their ice chest in the truck and hauled arse. I'm sure they were making some major meathauls on the redfish but would not allow kids to fish. I say if fish swim into a waterway, they belong to the taxpayers of Louisiana. If it's private dam it up, don't gate it.

This is a major problem in the Lafourche area, several people I know no longer fish down there because of this. I suspect several people would change their position on this site if you could no longer fish areas in Turner's bay or behind the weirs. It happened in Lafourche, it can happen in big lake.

Another unintended consequence is there are people like me that are going to fish no matter what, if I had to buy a lease for my kids to fish then I would do it and would write that check and never look back. More buyers for leases (like me and my very wealthy neighbors in my camp area) would drive prices up for the rest of the people on this site that may struggle to pay their duck lease every year. Before long, guess what they can no longer afford their lease and they are looking for public places to hunt. I suspect many would change thier position on this law.

[Angler Bay]

I have a sore spot with this subject as well, this reply is off the hip, but I'll do a little more research and get back. I was told to leave the North end of Black Lake one day by a guy in a boat because I drifted past a PVC pipe in 4' of water, that marked his claimed boundary. I Didn't leave, told the guy I'd take my chances in court.

All the court interpretations I have read state that if a water way is subject to the ebb and flow of the tide and a boat can travel that water, that water is navigable, and is public, BUT if you stop and anchor you MAY become susceptible to trespassing laws depending on how deep the water may be at the time.

[SULPHITE]

Originally Posted by Angler Bay

I have a sore spot with this subject as well, this reply is off the hip, but I'll do a little more research and get back. I was told to leave the North end of Black Lake one day by a guy in a boat because I drifted past a PVC pipe in 4' of water, that marked his claimed boundary. I Didn't leave, told the guy I'd take my chances in court.

All the court interpretations I have read state that if a water way is subject to the ebb and flow of the tide and a boat can travel that water, that water is navigable, and is public, BUT if you stop and anchor you MAY become susceptible to trespassing laws depending on how deep the water may be at the time.

that was marcentel (sp?) hes done that to quite a few people, you could actually drift into his marsh when the levee was broke..now there is a nice big ol'levee

[ckinchen]

Originally Posted by SULPHITE

that was marcentel (sp?) hes done that to quite a few people, you could actually drift into his marsh when the levee was broke..now there is a nice big ol'levee

Yep it had to be Marcentel, dude is jerk. He sure scared the hell out of my then 6 and 3 year old, nice job. He could have driven in slowley and explained the situation to us and I would have left without incident, nope, that is not how he rolls.

[Duck Butter]

Problem with southeast La is that the places that are water now were once land, so even though its wide open water, it once was land and the 'land'owner still owns the land even though its waterI understand this, BUT put a posted sign and don't get mad at people making an honest mistake, however the law clearly states that 'land' does not have to be clearly posted anymore, this is where the confusion comes in.

Seeing more and more of this ownership of water happen in N La as well. Some of my favorite lakes to fish on the Oua****a River now have levees and a culvert blocking them from access. These were always accessible even at pool stage, and if I had enough money I would fight the issue. Basically the landowner that owns the land around the lake placed a levee and culvert and now has his own private fishing lake. THIS is illegal

Fool - didn't you tell a story a week or so ago about you duckhunting an area that was not posted and getting ran off by the landowner? You can't have it both ways man. You hunted an area that was not posted knowing it was private property, BUT when someone comes into 'your' canal, you get upset!

[2ndamendment]

Originally Posted by Duck Butter

Problem with southeast La is that the places that are water now were once land, so even though its wide open water, it once was land and the 'land'owner still owns the land even though its waterI understand this, BUT put a posted sign and don't get mad at people making an honest mistake, however the law clearly states that 'land' does not have to be clearly posted anymore, this is where the confusion comes in.

Seeing more and more of this ownership of water happen in N La as well. Some of my favorite lakes to fish on the Oua****a River now have levees and a culvert blocking them from access. These were always accessible even at pool stage, and if I had enough money I would fight the issue. Basically the landowner that owns the land around the lake placed a levee and culvert and now has his own private fishing lake. THIS is illegal

Fool - didn't you tell a story a week or so ago about you duckhunting an area that was not posted and getting ran off by the landowner? You can't have it both ways man. You hunted an area that was not posted knowing it was private property, BUT when someone comes into 'your' canal, you get upset!

He is right on with this statement young man(Fool). If you want others to be right, then you have to conduct yourself in the same manner.
Fool when was your canal dugout? Which land owner dug the canal? I have seen you also reference the culverts as 'our' culvert. Did the land/homeowners install the big culverts or did the parish/state install the culverts under SPFR?

Kinchen, I am of the same consideration and view point as you are on majority of this.

[huntin fool]

Originally Posted by 2ndamendment

He is right on with this statement young man(Fool). If you want others to be right, then you have to conduct yourself in the same manner.
Fool when was your canal dugout? Which land owner dug the canal? I have seen you also reference the culverts as 'our' culvert. Did the land/homeowners install the big culverts or did the parish/state install the culverts under SPFR?

Kinchen, I am of the same consideration and view point as you are on majority of this.

The canal was dugout when they logged the canal. If you say mine isn't private, go down into the 4th culvert of mistreda's.

[weedeater]

Originally Posted by 2ndamendment

He is right on with this statement young man(Fool). If you want others to be right, then you have to conduct yourself in the same manner.
Fool when was your canal dugout? Which land owner dug the canal? I have seen you also reference the culverts as 'our' culvert. Did the land/homeowners install the big culverts or did the parish/state install the culverts under SPFR?

Kinchen, I am of the same consideration and view point as you are on majority of this.

not to butt in on this but I have fished these culverts and I can tell you that from the river you won't get a boat through, not sure but I would think the parish installed them since it is a parish maintained road

[huntin fool]

Originally Posted by Duck Butter

Problem with southeast La is that the places that are water now were once land, so even though its wide open water, it once was land and the 'land'owner still owns the land even though its waterI understand this, BUT put a posted sign and don't get mad at people making an honest mistake, however the law clearly states that 'land' does not have to be clearly posted anymore, this is where the confusion comes in.

Seeing more and more of this ownership of water happen in N La as well. Some of my favorite lakes to fish on the Oua****a River now have levees and a culvert blocking them from access. These were always accessible even at pool stage, and if I had enough money I would fight the issue. Basically the landowner that owns the land around the lake placed a levee and culvert and now has his own private fishing lake. THIS is illegal

Fool - didn't you tell a story a week or so ago about you duckhunting an area that was not posted and getting ran off by the landowner? You can't have it both ways man. You hunted an area that was not posted knowing it was private property, BUT when someone comes into 'your' canal, you get upset!

First, I was 9 years old, no posted signs and was in my backyard. I did not know it was posted. There was areas of the marsh that was posted, but not this section. Second, there is 3 other private canals just like mine, got beef with me, go bark up there tree.

2ndamendment your 'buddy' owns one of these. I'll gladly start going in it.

[2ndamendment]

Originally Posted by huntin fool

First, I was 9 years old, no posted signs and was in my backyard. I did not know it was posted. There was areas of the marsh that was posted, but not this section. Second, there is 3 other private canals just like mine, got beef with me, go bark up there tree.

2ndamendment your 'buddy' owns one of these. I'll gladly start going in it.

If you are referencing B's place, I would love to go myself but my jon boat will not fit through the culvert.
In regards, to the culvert that crosses into the marsh that Jim purchased, I do not necessarily concur with his desire to claim the natural small tidal flow canal that was there prior to the culvert/SPFR being built.

[ckinchen]

Originally Posted by Angler Bay

I have a sore spot with this subject as well, this reply is off the hip, but I'll do a little more research and get back. I was told to leave the North end of Black Lake one day by a guy in a boat because I drifted past a PVC pipe in 4' of water, that marked his claimed boundary. I Didn't leave, told the guy I'd take my chances in court.

All the court interpretations I have read state that if a water way is subject to the ebb and flow of the tide and a boat can travel that water, that water is navigable, and is public, BUT if you stop and anchor you MAY become susceptible to trespassing laws depending on how deep the water may be at the time.

Sam the same thing happened to Tracey and I in the exact same spot. I have done some reserach on this and the landowner is within his right to run us off. I don't like it any more than you do. Posted signs sure would make it easier.