September 06, 2013 at 11:42pm
Ah the 'Property Line.' Again I am not on 'your property.' I would be floating in the 'public waters'. If you wanted it private then cut off the water from public water. If I fly over your land am I trespassing? Just like on the water I am not touching your land.
I use the term 'Ebb and Flow of Tide' because some years ago I had to do research on this exact topic and that term is used referring to 'public waters.' Any waters that ebbs and flows with the tide was considered (here's the technical term for you guys) Public Trust.
As far as the pond thing and the state digging your canal I feel you missed the mark. You dug your own pond (per se) then it's private. If you dig a canal that uses Public Trust Water then the public has a right to use that canal. Especially if our natural resources (aka fish) are using your canal. I mean lets be honest here if you don't want the public to use your canals (note I never said anything about your land or your banks unless under emergency use only) then you shouldn't use the Public Trusts water to fill your canal and you shouldn't allow the Public Trusts fish to be in said canal. Dam it up then you can enjoy it privately all you want.
Lake pontchartrain, even tho the tides are affected heavily by the wind, is still considered a tidal body of water. The water ebbs and flows with the tidal movement.
Here is an interesting read. I read it some years ago. http://www.lsu.edu/sglegal/pdfs/PubTrustDoct.pdf
Again I'm not here trying to get feathers riled cause in all honesty I don't have a dog in this hunt. I think it's a great topic to debate. I think the judge who ruled in north La was wrong and/or paid off. According to the Law the public trust water cannot be privately owned and as long as I'm on public trust water I cannot be trespassing.