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#21
posted to rec.boats.building,rec.boats.cruising
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You are not gonna believe this one!
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 |
#22
posted to rec.boats.building,rec.boats.cruising
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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 |
#23
posted to rec.boats.building,rec.boats.cruising
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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 |
#24
posted to rec.boats.building,rec.boats.cruising
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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. |
#25
posted to rec.boats.building,rec.boats.cruising
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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 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 |
#26
posted to rec.boats.building,rec.boats.cruising
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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 |
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