I'm guessing that this judge is trying to be stupid enough for W to appoint
him to the supreme court.


"Mike Harris" wrote in message
news
"Glenn Ashmore" wrote in message
news:HezOg.45458$ok5.28443@dukeread01...
You better read this. Everyone here is about to be guilty of a criminal
act if we put out boats in the water!

http://www.ibinews.com/ibinews/newsd...23ibinews.html

--
Glenn Ashmore

Glenn,

You do understand that Louisiana judges have a reputation in the legal
industry of... er, how shall I put this... a rather poetic interpretation
of
Federal statutes as applied within the state. Texas attorneys are
routinely
advised to steer well clear of "swamp law" wherever possible.

I predict a fairly rapid reversal on appeal.
--
Mike Harris
Austin, TX

Don White wrote:
Glenn Ashmore wrote:
You better read this. Everyone here is about to be guilty of a criminal act
if we put out boats in the water!

http://www.ibinews.com/ibinews/newsd...23ibinews.html



If this is fact.. you all had better run, not walk, to the nearest
Canadian Embassy and apply for citizenship. Act now...beat the crowds.

The province of New Brusnwick has a law which specifically permits
fishermen to use the bank of any river or stream in the province. It
was a reaction against the laws in the old country (Great Britain)
which kept the public off riverbanks flowing through private land,
mostly owned by the aristocracy.

I can't see this US jusdgement holding up against popular outrage.
They'll find some way out of the situation. eg pass a new law.

Well,

You better believe it....
Here in Michigan we are stil fighting to get to back the essential right
to have crew change headsails underway. It seems the "No Bow Riding"
statute was so badly written as to prohibit tending headsails or
anchoring.

I used to own one and a half acres of Lake Erie bottom. The land's
title specifically stated that though I had title to the property that
was below the mean high water level as established (it was specific), I
could not impede navigation or the basic riperian rights on said waters.
Here on the lakes most titles are like this.

Matt Colie

Glenn Ashmore wrote:
You better read this. Everyone here is about to be guilty of a criminal act
if we put out boats in the water!

http://www.ibinews.com/ibinews/newsd...23ibinews.html

Glenn Ashmore wrote:
You better read this. Everyone here is about to be guilty of a criminal act
if we put out boats in the water!

http://www.ibinews.com/ibinews/newsd...23ibinews.html

Peering into my crystal ball, I see a major slap up aside the head from
an appeals court judge in Judge James' near future...

"Glenn Ashmore" wrote in
news:X1AOg.45465$ok5.27970@dukeread01:

Theoretically based on this ruling a shore side
property owner could go to Federal court and win a judgment voiding
all the mooring permits in front of his property out to the main
channel.



Ah, we now see the root of the problem....control.

You cannot moor a boat anywhere around Hilton Head Island, already, long
before this ruling. SC has a law the millionaires passed saying that any
waterfront fiefdom controlled "one mile to seaward" from the shore of their
fiefdom. So, all they needed then was to write a city ordinance banning
boating, which, effectively is what they've done. The ordinance says you
can pass by his mansion, as long as you don't stop and spoil his personal
view.....

One waterfront land owner said she didn't want to look out her waterfront
and see that "floating trailer park" (marina) next door. Looks like they
may be able to get rid of them, too!



--
There's amazing intelligence in the Universe.
You can tell because none of them ever called Earth.

Don White wrote in news:mhBOg.20946$9u.234140
@ursa-nb00s0.nbnet.nb.ca:

If this is fact.. you all had better run, not walk, to the nearest
Canadian Embassy and apply for citizenship. Act now...beat the crowds.



Now, now, Don. You're just trying to expand the Canadian tax base to
reduce your taxes.....(c;



--
There's amazing intelligence in the Universe.
You can tell because none of them ever called Earth.

Larry wrote:
Don White wrote in news:mhBOg.20946$9u.234140
@ursa-nb00s0.nbnet.nb.ca:


If this is fact.. you all had better run, not walk, to the nearest
Canadian Embassy and apply for citizenship. Act now...beat the crowds.




Now, now, Don. You're just trying to expand the Canadian tax base to
reduce your taxes.....(c;



Yeah...forgot to mention. Only those who can afford our taxes need apply.

Don White wrote in news:diGOg.21070$9u.236584
@ursa-nb00s0.nbnet.nb.ca:

Yeah...forgot to mention. Only those who can afford our taxes need apply.



Yeah, but we get free doctor visits....eventually.....right??

--
There's amazing intelligence in the Universe.
You can tell because none of them ever called Earth.

Larry wrote:
Don White wrote in news:diGOg.21070$9u.236584
@ursa-nb00s0.nbnet.nb.ca:


Yeah...forgot to mention. Only those who can afford our taxes need apply.




Yeah, but we get free doctor visits....eventually.....right??



Sure do... if you can find a family doctor who doesn't feel overburdened
by his practice and will accept new patients.

As usual Peggie, it looks like most folks had rather get all excited about
something that really "understand" the issue. From the following link:
http://www.louisianasportsman.com/details.php?id=213 we can read what the
judge "really" said.

Here is where Peggie is talking the judge says it is trespassing to be on
someone's property when it's flooded.

James wrote in his ruling. "However, . the court denies to adopt Magistrate
Judge Kirk's recommendation that the plaintiffs have a federal common-law
right to fish and hunt on the Mississippi River, up to the high-water mark,
when it floods privately owned land."

Here is where the judge says the banks of the river when not flooded are
subject to public use to the ORDINARY HIGH-WATER MARK.

"Walker Cottonwood Farms' property (where the arrests were made) is a bank
of the Mississippi River and subject to public use to the ordinary
high-water mark, as defined by Louisiana law."

Here the judge says again the judge says the land is open to fish and hunt
TO THE ORDINARY HIGH-WATER MARK, but not on to the land that is only
flooded.

"have a right to fish and hunt on the Mississippi River up to the ordinary
high-water mark when it periodically floods Walker Cottonwood Farms'
property."

Just another case of the idea of "ethics in reporting" is to increase
circulation.

Ken H