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First recorded activity by BoatBanter: Sep 2006
Posts: 4
Default 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


 
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