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#1
posted to rec.boats.building,rec.boats.cruising
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You are not gonna believe this one!
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 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!
You are right. I don't believe it.
Don W. 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 |
#3
posted to rec.boats.building,rec.boats.cruising
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You are not gonna believe this one!
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. -- Roger Long "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 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 |
#4
posted to rec.boats.building,rec.boats.cruising
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You are not gonna believe this one!
"Don W" wrote
You are right. I don't believe it. Don W. Well, it ain't April Fools Day. This is a real Federal judge and he is dead serious. Get outside the "main shipping channel" of any navigable waters of the US and you are guilty of criminal trespass. -- 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 |
#5
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 |
#6
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 |
#7
posted to rec.boats.building,rec.boats.cruising
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You are not gonna believe this one!
"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 |
#8
posted to rec.boats.building,rec.boats.cruising
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You are not gonna believe this one!
"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 In the meantime, I think it would be a very good idea for those of us who may be affected by this draconian ruling to make as much noise about it as possible. |
#9
posted to rec.boats.building,rec.boats.cruising
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You are not gonna believe this one!
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 Y'all seem have to missed the point. The judge didn't say it was illegal to fish or hunt out of the main channel, the ruled that hunters and fishermen don't have the right to hunt or fish on flooded lands that are normally outside the riverbank...flooded private land. Iow, if your house is on riverfront property, anyone who walked or drove into your front yard to hunt or fish would be trespassing. The judge's ruling only means that it would still be trespassing if the river overflows and floods your front yard, allowing hunters or fishermen invade your property by boat...that hunters and fishermen have to stay IN public waterways...that they don't have the right go anywhere they want to just 'cuz there happens to be enough flood water over it temporarily that's deep enough to float a boat. But as usual, the media found a way to make a big deal out of nothing. -- Peggie ---------- Peggie Hall Specializing in marine sanitation since 1987 Author "Get Rid of Boat Odors - A Guide To Marine Sanitation Systems and Other Sources of Aggravation and Odor" http://shop.sailboatowners.com/books...ku=90&cat=1304 |
#10
posted to rec.boats.building,rec.boats.cruising
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You are not gonna believe this one!
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. |
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