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#1
posted to rec.boats.building,rec.boats.cruising
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You are not gonna believe this one!
"Roger Long" wrote I googled up the case and some other documents. It looks like a much bigger deal if you are a fisherman than a boater. It seems to involve access to the water that covers the intertidal zone when the tide is above low. I don't see how this could be an issue in this part of the world where access to the intertidal zone for fishing and navigation is already common law. There have been some attempts up this way by landowners to say that sunbathing and reading books are neither fishing nor navigation but no serious attempt to say that recreational boating is not navigation. If the common law in the river states is such that landowner's property extends to the low tide line, this could be a huge flap. The problem is that the ruling limits access to only the "main shipping channel". Also Louisiana law grants public access to the whole river up to the normal high water mark. Common law grants access to the banks and portages. This ruling negates both. I don't think you can get away with thinking you can't worry about it because it doesn't effect me because in all probability it will soon. I don't mean to adopt the NRA's "don't give an inch" philosophy but this is way more than an inch. 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. -- 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 |
#2
posted to rec.boats.building,rec.boats.cruising
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You are not gonna believe this one!
"Glenn Ashmore" wrote
I don't think you can get away with thinking you can't worry about it because it doesn't effect me because in all probability it will soon. I don't mean to adopt the NRA's "don't give an inch" philosophy but this is way more than an inch. 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. I don't see that "main channel" here means the buoyed shipping channel. but just the part of the river that is wet 24 hours a day. There aren't likely to be any moorings outside of that. Unless I'm misreading something, this applies to the areas shown in dark green on the chart. This is still pretty serious and worth a big fight. I'll be surprised if it stands up though. It's sort of like saying any property owner can restrict aircraft flights over their property. There's a group in MA trying that but I don't think it's going to sick. -- Roger Long |
#3
posted to rec.boats.building,rec.boats.cruising
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You are not gonna believe this one!
"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. |
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