You are not gonna believe this one!
 

"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."

You missed a few important words that came in front of that quote:

"But he then reversed course, ruling that the group of anglers did NOT "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." "

Does that mean that you are restricted to the normal low water line when the
river is flooding or does it mean if it ever floods?

It is pretty well established that you can't go on flooded property when the
body is over its banks but this concerns use of the waters BETWEEN the
normal low and high water marks. In the case of a number of impoundments
where the water level varies considerably that could restrict access to
several hundred yards of water.

--
Glenn Ashmore

I'm building a 45' cutter in strip/composite. Watch my progress (or lack
there of) at: http://www.rutuonline.com
Shameless Commercial Division: http://www.spade-anchor-us.com

You are not gonna believe this one!
 

You are correct Glenn, there was some confusion in the way the article was
written.... but from my reading, it "seemed" to say the point he was ruling
on was the normally "not flooded" land that folks did not have access to
when it's flooded. BUT in South LA, there are times it's really hard to
determine what is "ordinary high-water" because the land can flood every
spring.

Is land that "normally floods each season" considered as "normal high
water"? Or as "flooded land"...

IF the ruling is for "normal high water" as in "High Tide" - it will not
stand very long, IF they have the money to fight it.

I think my definitation would be based on "could the land farmed"? How
often is the land dry vs flooded?

Glenn, I am glad you brought this to the groups attention.

Ken H

You are not gonna believe this one!
 

"BellSouth" wrote in message
...
You are correct Glenn, there was some confusion in the way the article was
written.... but from my reading, it "seemed" to say the point he was
ruling on was the normally "not flooded" land that folks did not have
access to when it's flooded. BUT in South LA, there are times it's really
hard to determine what is "ordinary high-water" because the land can flood
every spring.

Is land that "normally floods each season" considered as "normal high
water"? Or as "flooded land"...

IF the ruling is for "normal high water" as in "High Tide" - it will not
stand very long, IF they have the money to fight it.

I think my definitation would be based on "could the land farmed"? How
often is the land dry vs flooded?

Glenn, I am glad you brought this to the groups attention.

Ken H


I contacted Boat US about this. They are aware of it, and are concerned, and
are taking action. So I tend to think that we are not misreading or
misinterpreting the judge's ruling.

You are not gonna believe this one!
 

OR receive a Freedom Medal.
"Jim Conlin" wrote in message
. ..
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
. ..
"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

You are not gonna believe this one!
 

"Glenn Ashmore" writes:

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

"US federal judge declares boating illegal in all US navigable waters"

Well, I don't live in the US so "Everyone" is a bit of an exageration.

--
Martin Schöön

"Problems worthy of attack
prove their worth by hitting back"
Piet Hein

You are not gonna believe this one!