On Sep 24, 4:24?am, HK wrote:
Chuck Gould wrote:
Interesting situation that could set some dangerous precedents.

A judge in Alabama is deciding whether residents living around a lake
can
decide what sort of watercraft will be allowed to use the lake.

*************

MONTGOMERY, Ala. (AP) - A state judge could decide in a little more
than a month whether to uphold an Alabama law banning high-speed
cigarette boats and large house boats from three popular Alabama
lakes.

Montgomery County Circuit Judge Johnny Hardwick heard the final
testimony Monday in a lawsuit challenging the law. He gave attorneys
for both sides 30 days to prepare proposed orders and said he would
rule shortly after receiving them.

In 2006, the Legislature passed - and the governor signed -
legislation that banned some boats from three Alabama Power Co .
lakes: Martin, Weiss and Harris, which is also known as Lake Wedowee.
Banned were cigarette boats longer than 26 feet, 11 inches and rated
for speeds more than 60 mph, and all new boats, including houseboats,
longer than 30 feet, 6 inches. Houseboats already on the lake could
remain, provided they had sanitation systems designed to prevent waste
from getting into the lakes.

Opponents of the law challenged it in court, and state Conservation
Commissioner Barnett Lawley delayed enforcement pending a ruling.

"We still feel that there's no reasonable basis to single out these
law-abiding boaters," Montgomery attorney Frank Wilson told The Daily
Home of Talladega. Wilson represents a Jasper boat dealer and several
boat owners on Lake Martin.

Montgomery attorney Bobby Segall, who represents four Lake Martin
residents, said the law "reflects what 95 percent of the residences on
Lake Martin want." He said the state has the right to set aside water
for specific uses much like it does land.

Alabama Power intervened in the case in support of the law, saying it
has an interest in protecting property values and property uses
because it is a significant landowner at the lakes.

The push for the law began after Georgia developers expressed an
interest in building a resort community on Lake Harris, provided
boating restrictions were enacted.

Information from: The Daily Home - Talladega,http://www.dailyhome.com

Banning superfast boats on small lakes isn't necessarily a bad idea, nor
is banning boats larger houseboats.- Hide quoted text -

- Show quoted text -

It's reasonable to ban superfast *operation* on small lakes. It makes
more sense to regulate behavior in the interest of safety or other
legitimate public concerns than to dictate what type of property
somebody can own. Cigarette boats "rated for over 60 mph" are banned,
but if your boat will only do 59 mph you're OK?

If they put a speed limit on the lake, the fastest boats would
relocate.

I think the two clues in the story are;

1. One of the private party plaintiffs for homeowners around the lake
claims "this is what 95% of the property owners want"

and

2. A resort development company has expressed an interest in acquiring
and developing property around the lakes provided that "boating is
restricted."