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kicked out again need help, info

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Ok guys i was kicked out agin this saturday. We have a camp near elmers island and we fish a small lake called bay pariac. heres the situation, there is only two bayous leading to the lake. one is state owned and one private. the lake is also state owned i checked on the states website. well the state owned bayou wich is called bayou thunder is clogged with sand from storms, and unpassable, so we have been passing through the private owned bayou. well the owner saw us and said we could no longer pass. well i lost it and told this guy off, telling him he had to give us the right of way. so he retaliated saying he would put up a fence. then i retaliated and said i would tear down his fences. The thing is, is that i dont know if i have the right to pass through to get where i am going and if i do than what do i do if he puts a fence, i dont want to get fined for destruction of property. what do you guys think.
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I think you burned a bridge you shouldn't have. Lets assume for a second that you are out of luck and have no legal right to cross through is property. By losing your temper your chances of ever gaining access through his property is now reduced.

Good luck I hope it all works out for you.
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I have accessed many a private canal in my years of marsh fishing and have encountered many owners/overseers that have aproached me. I managed a really great smile and was overly courteous as I explained my position and listened diligently at their side all the while saying Yes Sir, I completely understand, Sir. Could I please have access to this canal now that you know who I am??
Amazingly, all but one I can remember and he was an overseer, let me use said canals.

It's always better to be overly nice to people like that and to explain any "situation" such as the one you have with the silting in of your access canal. It is in my honest opinion that a bargain could have been struck and you could have gotten access to this lake via the private canal.
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You stated "I don't want to get fined for destruction". Let's try ARRESTED for tresspassing, criminal mischeif, and the list goes on and on. I feel your pain , but as the others suggested ,you can catch more bees with honey than you can with vineger...
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   vermilli
What would ever give you the idea that you have the right to access private property without being the owner. How old are you? If you acted like that to me on my property I wouldve called the sheriff and had you arrested. I've accessed plenty of private water bodies by simply asking nicely. The OWNER has no obligation to let you or anyone else on his property. Accessing property is a benefit of owning property, access without permission is trespassing.
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   cullin

Coon, I think you need to learn how to be nice first. If it is a private canal then why argue with him??? Put yourself in his shoes.
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CC, we all feel your pain. The fact is, however, that you have no legal right to go into the "private" bayou. For whatever reason, the state hasn't claimed it. That makes it as private as your backyard, which I assume you wouldn't want people crossing willy nilly.

I'm not saying I agree with the concept of prviate tidal waters (the state consitution states that all "moving water" are public things), but under the current legal standards you cannot use that water way unless you want to risk being arrested/cited for trespassing. If you're cited, I promise you that you'll be convicted.

Unfortunate deal all the way around.
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My question is that yes when it comes to dry land you have to give someone so many feet to access thier property, you can not land lock them. i read in la. state laws if i understand right that it says that they have to give you right of way and that if the land is to soft to pass on then they have to give you water access. and if there is another way around wich there is not then if there way is shorter than they have to let you pass. but you can not stop, just pass not fish. can someone else check and read it see if i am understanding the law right.
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The right of passage you speak of is when you OWN a piece of land, no one can land lock you by buying up all surrounding property. You are using his property to access public waters. Big difference.
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No, no difference. He owns the land, just as me and you. We are TAXPAYERS.

I think if this were sitting before a judge, he would deny us access via private property, and tell us to petition our elected officials to give us taxpayers a way to access our land..
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so the small public lake owned by the state for the public is now land locked and non accesable.
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Sounds to me like you need to be complaining about the state owned bayou that is clogged up, not the fact that someone doesn't want you on their property. Ever thought about taking that up with the proper authority? Not sure who you need to talk to, but I think that is the way you need to go about this.
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vermilli i am usally a nice guy but after getting kicked out everywhere i go i cracked. I know it was the wrong thing to do but the frustration got the better of me. I promise tho this guy would not have let had i been nice because plenty of other people have been passing and his patience just so happen to have run out on me. It was just a bad combination. kayakers beware you all are fishing on these peoples property off of bayou thunder.
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kayakers beware there was a article about good fishing in the grand isle fourchon area near bayou thunder in the sportsman, off side the road. almost all those spots are owned by these people, they always let people fish but its about to come to an end because i found out that some good for nothing thievs have been running this guys crab cages and he will take it out on every one and not let us pass, or others fish, thats why i really wanted him to call the sheriff so then i would know my exact rights on how to get to the public land locked lake.
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Ask all the duck hunters that used to hunt lake Theriot in Dularge. I know several people who made it a yearly tradition to sleep in the boat/blind for opening morning for years. Then someone decided there was no public navigable waterway into lake Theriot and now its off limits to hunting. Or the people from Gheens about the company canal and getting to lake Salvador. For those that don't know, the company canal was dug before the civil war as a water route between bayou Terrebonne and lake Salvador to New Orleans. Since the days before the civil war it was used for commerce as well as fishermen and hunters and trappers. The canal runs through Golden Ranch Plantation, and the Gheens Foundation always allowed it to be used. Lafourche parish even maintained a public launch in Gheens. When the foundation sold the property the new owner decided to gate the canal off. Now the people of Gheens, who have owned camps and fished lake Salvador for generations now have to launch in Des Allemands or Larose, and what was once a 10 - 15 minute boat ride to their camps or to run crab traps is now a 90 minute to 2 hour trip. The people of Gheens have been fighting it in court for years now and so far every in every hearing the judge has sided with the landwoner.
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that would be like the land owners on each side of a river posting a river. I heard you can only post the land and not the water that is a natural drain because he doesnt own the water. but call wildlife and fisheres thay should know let us know what you find out
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so where exactly is this?? i fish this area all this time...are we talking about north or south of the highway @ bayou thunder??
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   eman(R)
Bayou thunder is a natural bayou and is no way shape or form posted. Now the area around the gated area just to the north has allways been posted and there is / was pilings on the boundrys of their property.
I have not been in that area since the last storm so i don't know if they are still there.
The area i'm talking about is west of La.1 there is a spot where there is a road going into the marsh w/ some kind of white structure in the back that is gated. This area has pilings on the boundrys and has been activly posted for at least the 40 years i've been fishing down there.
Now the rest of that area is bayou thunder and other natural bayous that go all the way to the gulf . None of these canals are man made. There are oil field canals off of this bayou that are man made and therefore could be claimed as private. I can put my boat in at the first bridge on bayou thunder and stay in natural waterways and
pull up on the back side and be surf fuishing on elmers isle right where it meets the fourchon property w/o ever going thru a man made waterway. So there is alot of water to fish around there w/o going into the posted area.
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whats outlined in blue is state owned and is no ones family land.
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not all of parioc is private wich is what these pictures show the green area is state owned also and public. perioc my intentions are not to go on your land. we only pass in that one small bayou that goes to the lake and are only on your land for maybe a minute before we are off and into bay parioc. i never stop or fish on your property out of respect. i had property leased in catfish bay area and had the main canals leased near texico could you imagine what people would have had to say if i would have tried to stop the public from accessing catfish bay and other areas. but that is no problem i will not use your canal anymore. i will just have to quit fishing those areas i guess unless i purchase an air boat and go around.
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thats the same areas i fish...i havent been in there in a year or year and a half or so....i have fished that same lake on the south end at the pipeline...never knew it had a name..the only place around there that i had ever been told to get out was the pits north of there near the white radio/satellite antenna dome thing...i used to run through there pretty regular when i had my little tunnel boat..
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What kind of problems are you having with fisherman using the waterway, maybe we can help with your problem and in return you could help us?
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This is one of those issues that has been brewing for years and soon it has to come to a point where the issue is pressed.

A few examples where this is so messed up. I have land in the area that is underwater. I have to pay property taxes on that land. I am charged property taxes at the same rate as if it was dry land ready to build on. So yes I feel as though I own the land.

Unlike Perioc who would use the anology of someone walking into your house and taking food from your kitchen. I do not feel like I own the fish and the crabs that swim in the water running over this land. That is wrong in my book. The wildlife is a public resource!

Perioc does bring up a good point with the liability and in fact we had this discussion last week at the State Capital with a Senator. Unfortunately under LA. Law the land owner could be held liabile if something happened on his portion of the land. This needs to be changed.

At the same time I also believe that Perioc and other land owners are increasing their liability by placing gates and cables across canals. I would have to research it but I believe that these 'waterway obstructions' have to be maintained to a certain degree and may at times even require lights, etc so that no one impacts them. At any rate, creating an obstruction creates liability of its own

Oh the property that I am paying property tax on that is underwater, in applying to the state and the feds to start recaliming some of what was above water 20 years ago, I am told that it is considered STATE WATER BOTTOMS and has to be evaluated as such by the state before I get my permit. Even though I pay the taxes on it for the purposes of reclamation it is now considered, owned by the state and they have to agree to give me the right to make it dry ground again.

Fighting this fight is going to take everyone on a united front. You are going to have to fight very powerful land owners, you are going to have to fight CCA and you are going to have to speak loud enough to force some lawmakers to dig deep into state statue to change several laws that affect this issue. Liability laws are going to have to be changed, tresspass laws are going to have to be changed and provisions are going to have to be made for rights of egress.

I have always beleived that it could be done, we just all have to finally have enough of it and march to teh beat of one drum to get attention.
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It sucks we are losing so much land and wetlands to water. I have a question, if no one owns the water then why are so many ponds that I fish say no trespassing, see duck hunters lease ponds that are navigatable all over the state and we cannot go into those ponds during hunting season. Whats the diffference here folks? Jump in duck hunters and support ownership of navigatable waterways. I do not duck hunt but these are just some thoughts. I know this is a touchy subject but my property has wetlands on it now, does that mean anyone can come on my property and hunt and fish?
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   PaleRider
I think you made a good point Reel Screamers. It is not the same as someone coming in and taking food out of your refridgerator. Kind of like owning a piece of land and saying I'll shoot as many deer as I like because they are my deer. Wrong! They are the taxpayers' deer managed through the State and funded by taxpayers. Same goes with the fisheries. Sometimes it's hard to keep your cool and although you probably should have cajun coon, I can definately see how that can happen. I think having private access to tidal waters is completely rediculous in my opinion. I think people are a little too greedy trying to keep an entire bayou to themselves. I don't fish that area but I think the law is stupid and anyone enforcing it is just a greedy jerk. Yeah, I know what you're going to say, what about the liability? Put up a private LAND posted sign and forget about it. Fire Away!
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   10_foe
"The wildlife is a public resource"????? You've got to be joking right? I bet you don't say that when the neighborhood kids are shooting your squirrels off your feeders in your backyard. Wrap your head around what's going on dude. Someone owns that land. If you get on it without permission you are subject to being AT LEAST kicked off, and possibly prosecuted. Whether or not it is "Right" for people to post tidal waters is beside the point. The law is the law. It's not "Right" for people to sit on their butts while you and I are out working for a living, only to donate 40% of our checks to the government to pay for healthcare and welfare for those too lazy and strung out on drugs to hold a job. But that's the law and we must abide or face the consequences.
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   10_foe
One more thing. If you take that to a judge on the basis that you must be able to have access he's going to look at you and say "walk from the beach."
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   PaleRider
Yes wildlife is a public recource. No joke. Having access to hunt and fish for the taxpayers of America is one of the things that makes this country great. Everyone doesn't have to own a piece of land to be able to go hunting or fishing. I don't see how tresspassing and shooting squirrels out of someone's back yard makes a very good comparison. Walking from the beach to get to a public pond to fish would also constitute as tresspassing. Taking a natural bayou that God made to go fish a public pond that happens to flow through this guy's private land is kind of messed up in my opinion. Yes, I do realize that as of right now that is the law. That is my point, it's messed up. I don't advocate anyone breaking the law, but I can still call someone a greedy jerk for enforcing it because if I was in that position I wouldn't. I have fished many places and cast right under a private dock before. That doesn't mean I got out of the boat boarded his dock and cast from his porch swing. Catch my drift?
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Perioc yes i probably should not have lost my cool but i felt like i was being treated as a criminal. I will definatly not use your canal anymore, but it is not like some people make it out to be like as if to be eating out of someones fridge. perioc you know my name who are you, are you the one i spoke with in the canal.
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That before this mess ever gets settled someone will end up getting hurt, or worse. As we lose the wetlands and everything becomes covered with water it gets harder and harder to distinguish what's private and what's public. Combined with the way that the laws are written now that a property owner doesn't have to mark his boundaries and these run-ins are becoming more and more common. At some point when land is covered and becomes navigable the state and local governments may have to concede property taxes in exchange for a public water right of way with land owners. Along with the state assuming the water as a public right of way the state should also assume the liability for the use of that water and free the land owner from liability. Just an idea I had. It may not be the right idea, or even a good idea, but what we have now certainly isn't working.
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   Dr. Spot
Perioc can't even spell or write a coherent sentence. He also sounds belligerent. Perfect examples of the type of people we have to deal with on public waterways that shouldn't be closed to begin with.
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I had a similar problem. If the bayou was dug out for any reason, then it is privately owned. If this is a natural water way, then you can use it and there is nothing that anyone can say. If it is natural, it is not there property. I had to call the office of state lands about my situation. The number is on the website (Officeofstatelands.com).
Just let them know the township and range of the area,and they can tell you everything about it. If the land owners still bother you, then call the police and file harrasment charges, that is what i did.
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   Dr. Spot
Ben Leto (Louisiana Fishing Expeditions) asked the following: "My property has wetlands on it now, does that mean anyone can come on my property and hunt and fish." I'd like to clarify many of our complaints. We do not advocate anybody walking on your land. But, if for example, someone fishes in front of you camp on Bayou Loutre, I bet you wouldn't mind. Boats pass in front of your camp all the time, too.

If someone launched a pirougue in one of the bayous and paddled behind your house, and fished the ponds, I bet you wouldn't mind. Am I right?

Now, consider this. Most, if not all, of Hopedale has land that is privately owned. Even the Biloxi WMA is a lease. Suppose all these waterways were closed off to boat traffic. How would you feel? Being a guide, I bet not too happy, right?

The point is, all natural waterways should be open to boat traffic. That is all we are asking. Fourchon, Golden Meadow, in contrast, has many natural waterways that fishermen get run off, typically with belligerent threats.

The landowners one complaint that may have a tinge of truth is the possibility of liability due to injury. But, this is a questionable argument, and even if it is, there are so many ways that can be fixed. Its just an excuse for their agenda. It also doesn't help that many of the landowners act like two-year old donkeys instead of being reasonable about the situation.

I hope this clarifies everything.
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I asked a question, and I hope that the responce given next was not the answer to the questioned that I asked. I do not fish in the area that is question, so I have not been on that property. In an effort of good will I asked if we could in some way create some good well that would be in favor of everyone. Most of us just want to fish and be left along to enjoy the natural beauty and resorces that god has given us. Is there no common ground here?
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   apsog77
If you go to www.lcpa-west.com there are a bunch of state documents stating public rights to, and distinguishing navigable waters. The Atchafalaya Basin has had this issue for many years.
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Louisiana has made a disaster out of this issue, and it all dates back to Edwin Edwards and his cronies rewriting the state constitution in the 1970s.

Louisiana could simply be like every other coastal state in the Union, and allow free and unfettered public access to all tidal waters. But no, Louisiana law allows landowners to claim tidal waters as private property, which is patently absurd. It makes as much sense as allowing a homeowner to claim the airspace over his house.

I hate trespassers, but Louisiana law has made every single one of us who fishes along the coast a trespasser. Ever fish or navigate a location canal? You're a trespasser. Ever fish or navigate a small redfish pond? You're a trespasser.

Even some major lakes -- like Delacroix's Little Lake -- are privately owned. The Delacroix Corporation could decide today to have arrested every boater who dares enter Little Lake from Bayou Terre aux Boeufs. And unfortunately, those charges would stand up in court.

It's unfair and unreasonable to expect an angler to know exactly where public water ends and private water starts in our intricate web of marshes. We've done stories over the years in which we've asked the State Lands Office to investigate certain areas to see if they're public or private, and it would take them weeks to make the determination, and many times they supplied it to us with caveats.

There is not a more disgusting issue that exists in our state.
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   Redbuck
Just as Todd said this is the only state in the United States of America that tidal waters can be posted. What is wrong with this state, it's simple greed. Lets fix this!
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With all respect to private ownership I have two questions I would like someone to answer for me.
1)if a canal is dug for the purpose of allowing public water to flow into it then why should the public not demand one of two things to happen!
A) The canal to be made public
B) Tax or charge the property owner for the use of a public asset.
2) If the Public is being asked by the state and federal government to spend billions of dollars to stop coastal erosion to protect private property, then why should we not ask the property owners to pay a surcharge for owning property in a coastal area.
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perioc, i am sure i don't know the whole story?? but, why, if someone is in your private canal, just trying to go fishing and have fun, not destroying anything, why would you want to stop them??? i don't think the propeller destroys the water, but like i said, i don't know everything that has happened to you!!! some people i am sure, gives you a hard time and does probably disrespect, you and your property??? but for the good people, that does right, why punish the good people for the bad?? lets all just get along and have fun in the outdoors!!! i wished i owned a lot of land on the water!!! anybody could go fishing on my property, as long as they respect my property, no problem at all!!!
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   BullNutz
A relevant case that will hopefully come into play in Louisiana one day...

Established in Kaiser Aetna v. United States, 444 U.S. 164, 100 S. Ct. 383, 62 L. Ed. 2d 332, the tests ask whether the body of water (1) is subject to the ebb and flow of the tide, (2) connects with a continuous interstate waterway, (3) has navigable capacity, and (4) is actually navigable.

Using these tests, courts have held that bodies of water much smaller than lakes and rivers also constitute navigable waters. Even shallow streams that are traversable only by canoe have met the test.
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Wish we were in the United States
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I'd love to dregde that canal and put the spoil on both ends of that "private" bayou....

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From what i am understanding here is that the good have to pay for the bad in this case. my grandfather is also a crabber in this area and whats happening is some sneaky low lives are stealing crabs in the cages and for some reason can not ever be sighted. so whats happening is frustration. all i want is for me and my family to go out and enjoy a weekend at the camp and fish. but we are denied access to pass in the private canal which is only about a 100 yards long and then you are back in public waters. the crab cajes they have are in the public waters so if no one can pass then problem solved no more crab theives. but i really think the theives know the area very well and probably go at night or know when the crabbers go out. so i think its only the good people that will pay. a few game cameras could have solved this problem without it coming to any arguments or hard feelings.
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I would like to thank Perioc for reading our post, both good and bad. Once again our intentions are good, some of us just get a little heated on the topic, but mostly we just want to fish, enjoy family and life
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seems to me, that if a waterway is private, it should have to be gated, dammed or at the least have signs...i understand that the law does not require this, but it should.... if this "landowner" is so "fedup" with fisherman passing through "his" waterway, why doesnt he post signs saying "private"?? other than just to have some form of amusement...i think its just a playtoy for these guys in the marshes...its worse around theriot, bayou black area...i think they just hide in the grass and wait for some poor fisherman to come along....man, go watch a baseball game or something...on another note--heres a perfect example...larry doiron's canals off the intercoastal in stevensville...they are gated...HE dug those canals...they are HIS...they have been gated for as long as i can remember--30 or so years...noone even dares to try to get in those canals..im just ranting a little...

cajuncoon..which cut or bayou or canal is the one in question?? im very very curious now...i cant figure out which one it is...you say its only 100 yards long leading into the lake?? like i said i fish those same areas..
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i know who you or.my son ,dad,and my self, or good people.we would never do you wrong. i have a hunting lease, all i ask is for people too stay out doing hunting season, and most do, after the hunting season fish, its ok with me i do post my lease. but after hunting season i will not run any one out.
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Just take the property for public use via eminent domain. Any state agency or "advocacy group" could petition the state to take "alloidal title".

Problem solved. We get to fish.

I have never been run out of tidal water, but if I do, look out.

Landowners gating off tidal waters, I promise you, the LAST thing you want is a wave of "eminent domain" taking back tidal waters...

Be smart. Find a solution, or this WILL come to pass in my lifetime.
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im a plaisance can i fish your property =)

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   Rick2005
This was your statement( The thing is, is that i dont know if i have the right to pass through to get where i am going and if i do than what do i do if he puts a fence, i dont want to get fined for destruction of property. what do you guys think.)

I have had the same problem recently so i did a little reasearch. If the waterway is open to the rise and fall of the tide and its open on both ends then it's public. No one owns flowing water, it's considered public. They can put up gates but technically speaking they have to get permission from the state. Most of the people that I know do not get permission from the state. If the gate is there do not destroy it because more than likely you will be arrested for Criminal Damage to Property. Just because the canal may have been dug by a oil company or other entity does not mean that the canal is privately owned. I have done lots of research and can provide you with all the laws concerning public and private waterways. I can also cite the major supreme court cases concerning public waterways. It's always better to find other means to solve the problem than to get in a battle with a land owner.
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yea i was just venting, like someone had said we are all traspassers, because just about all canals run through someones lease boundries, but not everone chooses to fight with people about fishing or passing. I know without a doubt that the one who doesnt want us to pass in his canal goes other places for fishing and trawling and trasspasses like the rest of us. If every land owner had this mentality it would be chaos.
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The land I own doesn't have a road within a half a mile of it. There are two routes to my land. One I have used for decades and the other I have only used a handful of times. The route I currently use the landowner would be required to give me access to because that has been my historic route. The backside route is subject to the other landowners mood (not a problem for me as we are friends).

Just like your access has historically been through the silted in waterway that is the only route you will likely be able to have inforced in a court room.
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Im sure I will be hated by many for taking this position...

Eminent Domain needs to be enacted down the entire coast, from the first line out, back so many miles in.

WHY?

I have a two year old. When he gets of age, there may be no public marsh left to fish. If all the public land is gone, and all the good fishing is private, he's out.

Fish are different than wildgame In my opinion. Where "our" tax funded/maintained fish go, "we" should be able to go---within reason.
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no hate you are with 1000, of people we need a new law.
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   eman(R)
We all know the laws need to be changed and / or clarified.
I do not own land in the marsh and am totaly against the posting or gating of flowing waterways.
I go as far as asking any guide that i am considering a trip with if they fish in gated areas? If they do ,I find another guide to fish with.

BUT! In changing the laws . The landowners who own the land and are claming the waters Will have to be absolved of the liability if someone gets hurt on the water that flows through their property.
That has to be the first step in the change.
On the other hand ,any land owner who gates a waterway should be held liable for injurys if someone is out fishing at night and runs into an unlighted gate.
I will never believe that any landowner owns flowing ,navitable waterways . But we have to understand that the way our state laws are written landowners are liable and they don't want to get sued either.

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   Rick2005
The way the law states is that a navigable waterway is public and that no one person owns flowing water. It also states that no one owns the bottoms of navigable waterways. If someone passes through a waterway that cuts through someones land and gets hurt that doesn't make the landowner responsible. If anything the State would be responisible. If someone gets injured by a gate that a landowner put up that's a different story. We have roads and highways all over the country that pass through what was once someones land. If you own the land on both sides of the street and someone gets injured on the street that passes through your land that doesn't make you responsible.
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   eman(R)
rick ,
i agree w/ you except what you are quoting is federal law . The louisiana courts rule that the landowners can post the waters and that means that they own them and that means that just like my front yard. If someone gets hurt i'm liable.
That's one of the reasons that everything has been posted in the last few years.
Stae waterways are owned by the public . waters that are posted are owned by the landowners and if you get hurt on their water they are liable.
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good point rick. in that case there fences should run along side the canal so you cant go on land. as long as you are on the water you cant sue because you are on public water and not touching his land. i could see staying out of hunting ponds during the season but blocking canals leading to public water is absurd. Like i posted in another post a while back the oil companys are pushing fishing leases because there are no more ducks on the salt water. and they are telling leasers to kick people out. this is fact i heard this from a major company my self.
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   Rick2005
Art. 450. Public things.

Public things that belong to the state are such as running waters, the waters and bottoms of natural navigable water bodies, the territorial sea, and the seashore.

R.S. 41:14
Any rights accorded by law to the owners or occupants of lands on the shores of any waters described herein shall not extend beyond the ordinary low water mark. No one shall own in fee simple any bottoms of lands covering the bottoms of waters described in this Section.

Acts 1985, No. 876, ยง2, eff. July 23, 1985.

You can find these Laws at the Louisiana State Legislature Website. The landowners can put up gates that prevent people from entering the waterway but they cannot prevent them from being in the waterway itself. There are alot of other technical things surrounding these laws so know where you are going before you go there. Try to avoid getting in a battle with a landowner if at all possible.

Also eman, the Law that you are referring to is case law. What I am quoting is the Law as it is written. Case law changes from case to case. Tomorrow the court could rule completely different on a similar case. The question is who wants to take their case to the Louisiana Supreme Court to cahnge it. I definetly understand your point though eman.
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   Rick2005
I agree, if they don't want people on there property then put a fence along the property in stead of accross a navigable waterway. How ubserd would it be if you put up a fence to block the street in front of your house. I guarantee you that would not fly. If the laws would change to reflect that we would not have the problems were are having with people who think they own water.
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Exactly Rick2005. What people need to understand about this subject is the the law in Louisiana no longer is what is written in the law books. A stupid judge has at least for the time being changed the law of the land in our state because he doesn't understand English very well apparently.

Also the clouding the issue is the state sold off lands and water bottoms many many moons ago that are classified by definition as public... except they sold them... so their not!
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   Rick2005
You are right Mike, If I'm not mistaken the State changed the Law that allowed them to sell River bottoms after many bottoms were sold already. The problem is that landowners automatically stake claim to waterbottoms even though they weren't sold the bottom in the first place. That's why I say know where you are going before you go there. If you do come accross a landowner who says that they own the waterbottom do a little research before you put your foot in your mouth. It may be as simple as contacting the local Sheriffs Office and get thier take on the issue. If they advise you not to go through the canal then don't go. If they tell you it's ok to go through the canal make sure you cover yourself and take note of there name and position.
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