Navitable water ways

[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

[Choupique]

yea Louisiana is really f’ed up in this issue of privatized water bottoms.

[Jadams]

Most landowners won't mess w u as long as it's not duck season from my experience. If no signs and ur not crossing a levee r man made canal I say fish it

[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.

[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!

[evis102]

Originally Posted by boatdriver

No signs needed. I know if we catch anyone in our marsh, we are told to get boat numbers and report them.

Yet some guides have no problem tieing up to our dock in West Cove or going down our private canal to fish the cuts. Cajun Phil even shot a tv show in there without our permission. But in 30 years we have never called the law and the only time we ask people to get off the dock is so we can fish.

[evis102]

Originally Posted by Zachary Boy

I know this is farfetched and hypothetical but still food for thought. Suppose someone goes through their gate on their 'private' pond and catches a tagged redfish, should he win the truck for the STAR tournament although I didn't have a shot at that redfish?

Fish has to be caught in public water.

[Keywest18]

i live in lake charles is there a place i can obtain a map of these areas. im not familiar with the area and am fixen to have my own boat and would save me alot of confusion.mainly the calc river

[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.

[weedeater]

Originally Posted by thegr8cody

i live in lake charles is there a place i can obtain a map of these areas. im not familiar with the area and am fixen to have my own boat and would save me alot of confusion.mainly the calc river

academy, walmart, tackle stores.... but if you get a map you will not find areas marked post and such for the most case you are on your own and that's the gripe here

[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

[Keywest18]

well i been studyin it on google maps.i was hopin they had a map but thatd make it to easy i guess.what canal by the 1-10 bridge are yall talking about i hope not the one on the right going north? i was lookin at that one earlier lol.

[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.

[weedeater]

Originally Posted by thegr8cody

well i been studyin it on google maps.i was hopin they had a map but thatd make it to easy i guess.what canal by the 1-10 bridge are yall talking about i hope not the one on the right going north? i was lookin at that one earlier lol.

no we are talkin about in moss bluff, the maps I am talkin about are made for fishing purpose

[eman]

The state has mapped and made claim on what was private and what was public. But they WILL NOT back it up in court.

[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.

[Hebert]

I don't agree with the privatization of our marshes and especially don't agree with not being able to use navigable waterways....I see this as a systematic way to push the average Cajun person out of lands they have enjoyed for years...its happening at full speed now and if we don't change this soon we won't have anything to fish in and then you will hear the whining begin.......

just like holly beach..they have used the last hurricanes as a way to push the average cajun out and only allow people with the cash to build hundred thousands dollar camps to be there.....

after being gone from La. for many years and to come back to what is happening here it is sickening to watch......

[Duck Butter]

Originally Posted by Hebert

I don't agree with the privatization of our marshes and especially don't agree with not being able to use navigable waterways....I see this as a systematic way to push the average Cajun person out of lands they have enjoyed for years...its happening at full speed now and if we don't change this soon we won't have anything to fish in and then you will hear the whining begin.......

just like holly beach..they have used the last hurricanes as a way to push the average cajun out and only allow people with the cash to build hundred thousands dollar camps to be there.....

after being gone from La. for many years and to come back to what is happening here it is sickening to watch......

I agree with this, but also see the argument from the 'other side' as well. SOME (not all) of this is due to frivolous lawsuits of people getting hurt on someones' property and they are just having to take measures to extreme. Others are still clearly in the wrong and want to have their own private fishing hole. We are in a world where everyone wants to sue and get something for nothing, and it is what it is.

Fool, that was by no means an attack, but you have to see it from both sides. You were 9 isn't going to hold up when it comes to a trespassing ticket, much like the guy who didn't know he was in a private canal. Mistakes happen