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"W" · #1 04-11-2010, 08:45 AM

Ok here is a thread about the gated waters! Lets discuses why some are mad at the CCA for not taking the Land Owners right away?

My opinion if you own both sides of a channel the water is yours also...If you collect mineral rights under that water its yours........

Its not the CCA to say you can block your land or water ways from the public....If thats the case everyone with a swimming pool or pond in there yard would have to make it public......

Bluechip · #2 04-11-2010, 08:52 AM

I am not mad at CCA, I support them every year...I think they serve a good purpose but when a land owner puts a gate across a canal that was dug with everyone's tax money because he owns the land on both sides of it is a bunch of crap...

"W" · #3 04-11-2010, 08:58 AM

Quote:

Originally Posted by Bluechip

I am not mad at CCA, I support them every year...I think they serve a good purpose but when a land owner puts a gate across a canal that was dug with everyone's tax money because he owns the land on both sides of it is a bunch of crap...

Well look at it like this.........How many of your friends are family have ponds on there property that was dug by the State? I know about 6 right now off hand who the State dug them a pond to use the dirt.... HUMMM

On a land map that I looked at........Gated off water was less than 1% of all public fish able and navigational waters.......LESS THAN 1%

So thats like a service road 4 miles long compared to 1-10

B-Stealth · #4 04-11-2010, 09:02 AM

Time to start a grass roots effort to open the waters.

We can call it "Fisherman Against Gates."

Well wait not that name...

ShadMan · #5 04-11-2010, 09:02 AM

Quote:

Originally Posted by "W"

My opinion if you own both sides of a channel the water is yours also...If you collect mineral rights under that water its yours........

I don't believe the law agrees with your opinion.

If I own an acre on one side of a lake and an acre on the other, I can't put a gate across the lake between my two properties. Same thing...

"W" · #6 04-11-2010, 09:05 AM

Quote:

Originally Posted by ShadMan

I don't believe the law agrees with your opinion.

If I own an acre on one side of a lake and an acre on the other, I can't put a gate across the lake between my two properties. Same thing...

They better.............Because If I own land which I have the mineral rights and pay the taxes on.....but it has a canal in it.....O well its my choice to place a gate on it or not..........or i can just run a bridge from land to land and put a a post ever 2 ft across......

Red Devil · #7 04-11-2010, 10:17 AM

If you can get to it by boat without having to get out and pull it over a levee or something, it should be legal PERIOD. That would only apply to fishing though. If you have other intentions, jsut stay out. My 2 cents.

Gottogo49 · #8 04-11-2010, 10:35 AM

The Northwest corner of Black Lake is posted private. It wasn't dug by the State, just coastal erosion. I'm sure that Ray knows who owns the mineral rights to all those oil wells in Black Lake. Could the whole lake be posted? Who owns the mineral rights to the well heads in North Calcasieu Lake? Could that be posted? Sticky Wicket. In my humble opinion, if the waters of the State flow into it you should have access. If the landowner wants it to be private, dam it up. That's what they did along the salt ditch, dammed it up. We would have to stay out of the coastal marshes during hunting season. Here's another fun one, can a wharf owner legally ask you to move away from his lights at night? Why can't we all just share and get along? It's not human nature.

eman · #9 04-11-2010, 10:47 AM

Quote:

Originally Posted by Gottogo49

The Northwest corner of Black Lake is posted private. It wasn't dug by the State, just coastal erosion. I'm sure that Ray knows who owns the mineral rights to all those oil wells in Black Lake. Could the whole lake be posted? Who owns the mineral rights to the well heads in North Calcasieu Lake? Could that be posted? Sticky Wicket. In my humble opinion, if the waters of the State flow into it you should have access. If the landowner wants it to be private, dam it up. That's what they did along the salt ditch, dammed it up. We would have to stay out of the coastal marshes during hunting season. Here's another fun one, can a wharf owner legally ask you to move away from his lights at night? Why can't we all just share and get along? It's not human nature.

That's the whole problem, If you want to close off a canal on your land then you need to dam it and close it off and fill it in if you want.
But to put up a gate to keep out boats while letting the fish and shrimp and crabs in so you have a private fishing hole is wrong.
And no a wharf owner can not make you leave . He can turn the lights out but he can't make you leave. On the other side of that fence, Everyone needs to show some respect and not pull up to someones lights when they are out there fishing or move on if they come out on their pier to fish.
But just because they don't want you fishing around their lights is not good enough.

ShadMan · #10 04-11-2010, 10:48 AM

Mineral rights give you ownership to the minerals beneath the surface of the land, not rights to the land. You cannot gate anything just because you own mineral rights...you have to have land rights for that.

However, you don't own a body of water unless you own every inch of land all the way around it, with no exception. Any water accessible by boat from public waters (without getting out of the boat and trespassing on private lands) is public water. You cannot impede access to it, even if you own the land on both sides. That's the law. The penalty is actually very steep (possibly including jail time) for doing this, because you are intentionally creating a water hazard (the gate) that endangers lives.

If this weren't the case, nobody would ever be able to go tubing down a river, as every landowner down the river would put a fence across it.

Here is a site that lists the language in Louisiana law stating that all navigable waterways are public:

http://www.segnette.com/access

"W" · #11 04-11-2010, 10:52 AM

Quote:

Originally Posted by Gottogo49

The Northwest corner of Black Lake is posted private. It wasn't dug by the State, just coastal erosion. I'm sure that Ray knows who owns the mineral rights to all those oil wells in Black Lake. Could the whole lake be posted? Who owns the mineral rights to the well heads in North Calcasieu Lake? Could that be posted? Sticky Wicket. In my humble opinion, if the waters of the State flow into it you should have access. If the landowner wants it to be private, dam it up. That's what they did along the salt ditch, dammed it up. We would have to stay out of the coastal marshes during hunting season. Here's another fun one, can a wharf owner legally ask you to move away from his lights at night? Why can't we all just share and get along? It's not human nature.

There is so many fine lines in this issue....thats why it went to court ...but as for as Big Lake its public....State has the mineral rights to the lake... ...

But here is one for you........ My neighbor had a well hit on his property in 2001...... it was 44 acres.... Over the past 8 years to 2009.. he was not getting paid for the road that ran thought his property.... The state said that was there rights.....
He took it to court and won.... they had to back pay him 3 acres of mineral rights for the road that went over his land......

As far as lights......That wharf is not on there property just a part of it..so yes you can fish it all you want

ShadMan · #12 04-11-2010, 11:09 AM

Quote:

Originally Posted by "W"

He took it to court and won.... they had to back pay him 3 acres of mineral rights for the road that went over his land......

I doubt this is correct. They probably had to buy the actual land rights from him to drive on, not the mineral rights. You are allowed to drive on private land to get to landlocked areas (right of way), but you have to use the least amount of encroachment as possible, meaning drive on the very edge of the property, etc. You can't drive down the center of someone's property, unless it is the only way to get to your land. This is probably the reason the state had to purchase the land they were driving on...they were likely not driving on the "right of way".

yak'em-n-stack'em · #13 04-11-2010, 11:11 AM

ive got a great presentation on coastal zone land law if anyone wants me to email it to them

"W" · #14 04-11-2010, 11:33 AM

Quote:

Originally Posted by ShadMan

I doubt this is correct. They probably had to buy the actual land rights from him to drive on, not the mineral rights. You are allowed to drive on private land to get to landlocked areas (right of way), but you have to use the least amount of encroachment as possible, meaning drive on the very edge of the property, etc. You can't drive down the center of someone's property, unless it is the only way to get to your land. This is probably the reason the state had to purchase the land they were driving on...they were likely not driving on the "right of way".

This was a public road.... It was a dead ended road and he owned the property on both sides.......When he looked at the land survey he was 3 or 4 acres short on his mineral rights agreement....His lawyer stated that the State claimed the public road mineral rights. He took that to court and the courts said the State Did not own the mineral rights under the road, it was his.....Then they paid him back pay

Red Devil · #15 04-11-2010, 12:44 PM

Roads and waterways are two different animals.

Reel Bender · #16 04-11-2010, 12:59 PM

Just because it is Your Opinion don't make it so.

LaAngler · #17 04-11-2010, 01:33 PM

Quote:

Originally Posted by eman

And no a wharf owner can not make you leave . He can turn the lights out but he can't make you leave. On the other side of that fence, Everyone needs to show some respect and not pull up to someones lights when they are out there fishing or move on if they come out on their pier to fish.

I had a guy pull right up to my light the other night. trolled within 30 feet of the dock off to the side of the light. Then he started casting parallel with the dock.

The specks were very spooky anyway so of course neither one of us were catching after he pulled up.

I could only make 10 foot casts or i would cross his line. He told me he was coming to this spot anyway b/c it was protected from the wind. (yah rite) I was just in a good mood so I was friendly and didn't say anything.

"W" · #18 04-11-2010, 01:35 PM

Quote:

Originally Posted by LaAngler

I had a guy pull right up to my light the other night. trolled within 30 feet of the dock off to the side of the light. Then he started casting parallel with the dock.

The specks were very spooky anyway so of course neither one of us were catching after he pulled up.

I could only make 10 foot casts or i would cross his line. He told me he was coming to this spot anyway b/c it was protected from the wind. (yah rite) I was just in a good mood so I was friendly and didn't say anything.

Was you and Bonsack smoking