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Jim Carter February 5th 04 03:00 AM

Anyone familiar with maritime law?
 

"bowgus" wrote in message
. cable.rogers.com...
Hmmm ... on the Rideau, I see RCMP and OntarioPP (OPP) boats. On the St
Lawrence (cdn side) and the Ottawa I see OPP (and Coastguard on the St
Lawence) boats ???

"Jim Carter" wrote in message
Larry: In Canada, the "Navigable Waterways" are under Federal

Jurisdiction.
I don't know about NY State, but , why don't you write to your State
Attorney General Office, and find out the full story? It may be that

the
Town has the rights to the park land but not the water. That's the way

it
is here. Jim Carter

Hello Mr. Bowgus: A simple way to explain the different official
watercraft is that the Federal Government of Canada has the task of setting
out the laws under several statutes. Rules of the road are set by the
Federal Goverment under the Collision Regulations. They have the right to
designate who will enforce these laws. In Navigatable Waterways, the
enforcement could be City, Provincial or Federal Police. The other statues
and/or Provincial statues and/or municipal statues can be enforced by
whomever has the local jurisdiction.
Jim Carter
"The Boat"
Bayfield




Larry W4CSC February 5th 04 03:59 AM

Anyone familiar with maritime law?
 
On Wed, 4 Feb 2004 11:07:21 -0500, "Leanne" wrote:

Larry,

Do you remember the case on Bay Point last year where a man was
assaulted on the beach? It might have been provoked, but it ended
up with the Sheriff, DNR, and the Port Royal cops out there and
no one wanted to claim jurisdiction. This happened supposedly
below the high water mark which the owner's rep claimed was
theirs too. The problem then came up that 'IF' this property was
originally a 'KING'S' Grant from the 18th century, and if it was
still conveyed to them, then they did have the right to claim all
land to the water. One man went to the hospital and then it was
all sort of hushed up. I wonder just how many King's Grants that
are actually still valid within South Carolina. This new owner
developer has ruined a beautiful place to go surf fishing and
spend a weekend on the beach. For years people have gone out
there which is only reachable by boat.

Leanne


Don't remember it. Interesting, though.

What's REALLY scary is this nonsense where each little waterfront
fiefdom has domain over the water 1 mile from shore.



Larry W4CSC

No, no, Scotty! I said, "Beam me a wrench.", not a WENCH!
Kirk Out.....

Larry W4CSC February 5th 04 04:02 AM

Anyone familiar with maritime law?
 
In order to try to spoil boating around HHI, the entire area was
declaired a no-wake zone. No wake zones are being used to spoil
boating across the country in the same manner.

There is also a law against anchoring out off of the billionaires at
HHI and shrimp trawlers are forbidden from even being in the waterways
around it.

Money talks in Columbia. FBI proved you can buy a SC politician for
around $2200. Remember "Operation Lost Trust"?



On Wed, 4 Feb 2004 11:14:20 -0500, "Leanne" wrote:


"Larry W4CSC" wrote in message
...
I just remembered what one lady down in Beaufort, SC, said to

the
newspaper when they were discussing a new marina going into a

creek
near her home. She was opposed to them installing "a floating

trailer
park" in the creek to spoil her view. That's what property

owners
think of your boats......"floating trailer parks".


There was also a case on Hilton Head where someone was fishing in
a creek off someone's land and the lady disliked them spoiling
the view that her state rep. daughter tried to get a law passed
about restricting the waters to a distance (I can't remember the
exact amount, something like 300 yards)of private property. Then
we have the problem that there are very few creeks that are wider
than that. It didn't pass because it ended up being a federal
jurisdiction. Btw, the daughter is no longer in public office.

Leanne
s/v Fundy




Larry W4CSC

No, no, Scotty! I said, "Beam me a wrench.", not a WENCH!
Kirk Out.....

Larry W4CSC February 5th 04 04:04 AM

Anyone familiar with maritime law?
 
On Wed, 04 Feb 2004 10:53:03 -0500, Glenn Ashmore
wrote:


Can you imagine a WalMart in the middle of Hampton Park?

Walmart wouldn't last 24 hours in the middle of Hampton Park. It
would simply be shoplifted clean! I have a friend who owns a liqour
store not far from Hampton Park. You gotta see it to believe
it....(c;



Larry W4CSC

No, no, Scotty! I said, "Beam me a wrench.", not a WENCH!
Kirk Out.....

Glenn Ashmore February 5th 04 04:50 AM

Anyone familiar with maritime law?
 
EVANS ET AL. v. ABNEY ET AL.

Basically, because the covenants of the bequest were not enforcable the
city had to return the property to the heirs.

John Wentworth wrote:

"Glenn Ashmore" wrote in message news:rG8Ub.19221 They
can't really do that. The major park in Macon was donated to the

city by a Senator Bacon for the use of the "white women and children of
the city". When the city could no longer inforce that covenant, the
heirs of the estate sued to get title back. Went all the way to the
USSC. The city couldn't possibly afford to buy it back so now our only
real park is a shopping center.



Just out of curiosity, what is the Supreme Court case that decided this? In
Shelley vs. Kramer the court ruled that restrictive covenants are
unenforceable, how does this play into the heirs getting the property back?



--
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


Glenn Ashmore February 5th 04 04:53 AM

Anyone familiar with maritime law?
 
The boat is comming along fairly well with a wet bottom expected
sometime in the Fall. THe web site OTOH is sucking hind tit right now.
I did get some stuff about the watermaker and the rudder posted
recently though.

Wayne.B wrote:

On Wed, 04 Feb 2004 11:03:57 -0500, Glenn Ashmore
wrote:

I'm building a 45' cutter in strip/composite. Watch my progress (or lack
there of) at: http://www.rutuonline.com



=================================

Glenn, how's that boat coming along? As the proud owner of a Spade
anchor, I believe I'm entitled to periodic project updates :-)


--
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


Harry Krause February 5th 04 10:54 AM

Anyone familiar with maritime law?
 
Larry W4CSC wrote:

In order to try to spoil boating around HHI, the entire area was
declaired a no-wake zone. No wake zones are being used to spoil
boating across the country in the same manner.



I dunno, Larry. You're an unusual sight. Perhaps the folks on Hilton
Head enjoy looking at you as you creep by in your jetski boat.

Cheers.

------------

Was this a great country or what?
Bush-The Great Divider.



--
Email sent to is never read.

Doug Kanter February 5th 04 02:01 PM

Anyone familiar with maritime law?
 
"Wayne.B" wrote in message
...
On Wed, 04 Feb 2004 13:48:56 GMT, Larry Weiss
wrote:


Basically we are talking about a local town public park and marina on the
waterfront. The park is supposed to be for use by town residents only
(the park land was donated to the town in 1942 by descendants of Teddy
Roosevelt and that strict covenant is in the deed). Over the last few
years, the town has stopped enforcing this restriction. Officials claim
it is because of a law, which they are unable to cite, which states that
they can not restrict access to the water. I believe they may be
misinterpreting a law meant to prohibit restricting a boat's access to
waterways from the water (which I recall hearing about somewhere), rather
than a person's access to the water from land. Nobody on either side
seems to be able to cite any law from either perspective. I'm just
looking for something official to cite, one way or the other.

===========================================

Larry, why would the good people of Oyster Bay want to block access to
their dock by alien infidels like me (from NY, CT, FL and where ever)?

Is the dock getting over crowded or is this just a territorial thing?

You're reminding me of why I've always had issues with Long Island
towns. :-)


I believe the answer is obvious: Oyster Bay. (Equivalent answers: Port
Washington, Old Brookville, and others). Don't want none of that riffraff
hanging around.



Wayne.B February 5th 04 04:41 PM

Anyone familiar with maritime law?
 
On Thu, 05 Feb 2004 14:01:23 GMT, "Doug Kanter"
wrote:

I believe the answer is obvious: Oyster Bay. (Equivalent answers: Port
Washington, Old Brookville, and others). Don't want none of that riffraff
hanging around.


=============================

Ahh yes, probably right. I guess you can discriminate as long as you
do it fairly. :-)


Wayne.B February 5th 04 04:51 PM

Anyone familiar with maritime law?
 
On Thu, 05 Feb 2004 04:02:43 GMT, (Larry W4CSC) wrote:
In order to try to spoil boating around HHI, the entire area was
declaired a no-wake zone. No wake zones are being used to spoil
boating across the country in the same manner.


=========================================

This problem is mostly being brought about by the inconsiderate and
irresponsible actions of the PWC and "straight pipe, make noise"
crowd.

We need to find ways of addressing the real issues that don't mess up
boating for everyone else.


swatcop February 5th 04 04:58 PM

Anyone familiar with maritime law?
 

(snip)
Basically we are talking about a local town public park and marina on the
waterfront. The park is supposed to be for use by town residents only
(the park land was donated to the town in 1942 by descendants of Teddy
Roosevelt and that strict covenant is in the deed). Over the last few
years, the town has stopped enforcing this restriction. Officials claim
it is because of a law, which they are unable to cite, which states that
they can not restrict access to the water. I believe they may be
misinterpreting a law meant to prohibit restricting a boat's access to
waterways from the water (which I recall hearing about somewhere), rather
than a person's access to the water from land. Nobody on either side
seems to be able to cite any law from either perspective. I'm just
looking for something official to cite, one way or the other.

Larry Weiss
"...Ever After!"
"a little after..."

Try going to city hall and asking about any local ordinances on the issue.
Is this area of water isolated (I'm assuming that it's not if there's a
marina)? Does the marina need to utilize the waterway for vessels to access
a larger body of water? I found a website for you to check. Since a lot of
the laws are waterway specific, you'll have to browse through them and see
which applies to your area. Check www.nyss.com/NYS.html. Good luck.
--
swatcop

"If it wasn't for stupid people I'd be unemployed."



Curtis CCR February 5th 04 06:53 PM

Anyone familiar with maritime law?
 
Short Wave Sportfishing wrote in message . ..
On Wed, 04 Feb 2004 21:00:28 GMT, "Doug Kanter"
wrote:

"Short Wave Sportfishing" wrote in message
.. .
On Wed, 04 Feb 2004 19:50:31 GMT, "Doug Kanter"
wrote:

"Glenn Ashmore" wrote in message
news:FQ8Ub.19239$u_6.9131@lakeread04...

Here is an alternative, though risky alternative. The covenants of the
will/bequest are very powerful. (See my reply to Larry.) Form a
non-profit community organization. Find some heirs to the estate and
feel them out about contesting the city's right of posession and
donating the land to the organization. I believe that when they donate
the land they get a tax deduction equal to the current value of the

land
less the value of the original bequest.

He may also want to contact the Nature Conservancy, which acquires land
that's about to be made ugly in various ways. They often find ways to

lock
it up legally so it REALLY can't be used for disgusting purposes, like
tree-less housing developments.

www.nature.org

They may already have their eye on the specific land anyway - it's worth
making inquiries.

Good advice, but be very carefull with these folks - they can be a
real handfull to deal with.


You mean the Nature Conservancy?


Yep - it's a long story - basically, I wanted to put my forest and
meadow property in a long term trust agreement, but the language in
the agreement was such that I would have lost access to my own land
while I was still alive and kicking.

I'm not saying they don't do good work and maybe it was just the folks
I was dealing with, but I never went back to them after that.

I worked an open land deal with the state instead.


I worked with an organization that was a lot like the nature
conservancy (only smaller) on a project to remediate a telecom site we
had in a state park. During the project, they were talking about
trying to work a deal with a local archery club that owned some
adjacent property. The club wouldn't sell the land, but the
conservation group talked about getting a "conservation easement" ( I
think that was the term ).

The organization would not buy the land, but pay the archery club to
agree not to do anything else to the land for the term of easement.
They could still use the land, but the easement meant the club
couldn't do ANYTHING to it - it even put limits on the future
maintenance of some improvements the club had already made. This was
several years ago and it didn't look like such a deal was even close -
I don't know what has happened since.

Short Wave Sportfishing February 5th 04 09:42 PM

Anyone familiar with maritime law?
 
On 5 Feb 2004 10:53:30 -0800, (Curtis CCR)
wrote:

Short Wave Sportfishing wrote in message . ..
On Wed, 04 Feb 2004 21:00:28 GMT, "Doug Kanter"
wrote:

"Short Wave Sportfishing" wrote in message
.. .
On Wed, 04 Feb 2004 19:50:31 GMT, "Doug Kanter"
wrote:

"Glenn Ashmore" wrote in message
news:FQ8Ub.19239$u_6.9131@lakeread04...

Here is an alternative, though risky alternative. The covenants of the
will/bequest are very powerful. (See my reply to Larry.) Form a
non-profit community organization. Find some heirs to the estate and
feel them out about contesting the city's right of posession and
donating the land to the organization. I believe that when they donate
the land they get a tax deduction equal to the current value of the

land
less the value of the original bequest.

He may also want to contact the Nature Conservancy, which acquires land
that's about to be made ugly in various ways. They often find ways to

lock
it up legally so it REALLY can't be used for disgusting purposes, like
tree-less housing developments.

www.nature.org

They may already have their eye on the specific land anyway - it's worth
making inquiries.

Good advice, but be very carefull with these folks - they can be a
real handfull to deal with.

You mean the Nature Conservancy?


Yep - it's a long story - basically, I wanted to put my forest and
meadow property in a long term trust agreement, but the language in
the agreement was such that I would have lost access to my own land
while I was still alive and kicking.

I'm not saying they don't do good work and maybe it was just the folks
I was dealing with, but I never went back to them after that.

I worked an open land deal with the state instead.


I worked with an organization that was a lot like the nature
conservancy (only smaller) on a project to remediate a telecom site we
had in a state park. During the project, they were talking about
trying to work a deal with a local archery club that owned some
adjacent property. The club wouldn't sell the land, but the
conservation group talked about getting a "conservation easement" ( I
think that was the term ).

The organization would not buy the land, but pay the archery club to
agree not to do anything else to the land for the term of easement.
They could still use the land, but the easement meant the club
couldn't do ANYTHING to it - it even put limits on the future
maintenance of some improvements the club had already made. This was
several years ago and it didn't look like such a deal was even close -
I don't know what has happened since.


That's pretty much what happened to me with the caveat that the land
was to have "restricted access" - I asked what "restricted" meant and
it was pretty drastic even to the point of I couldn't hunt on my own
land or fish in my own pond.

Sorry - that dog won't howl.

Later,

Tom
S. Woodstock, CT
----------

"To the fisherman born there is nothing
so provoking of curiosity as a fishing rod
in a case."

Roland Pertwee, "The River God" (1928)


Larry Weiss February 5th 04 10:13 PM

Anyone familiar with maritime law?
 
"Wayne.B" wrote:

On Wed, 04 Feb 2004 13:48:56 GMT, Larry Weiss
wrote:

Basically we are talking about a local town public park and marina on the
waterfront. The park is supposed to be for use by town residents only
(the park land was donated to the town in 1942 by descendants of Teddy
Roosevelt and that strict covenant is in the deed). Over the last few
years, the town has stopped enforcing this restriction. Officials claim
it is because of a law, which they are unable to cite, which states that
they can not restrict access to the water. I believe they may be
misinterpreting a law meant to prohibit restricting a boat's access to
waterways from the water (which I recall hearing about somewhere), rather
than a person's access to the water from land. Nobody on either side
seems to be able to cite any law from either perspective. I'm just
looking for something official to cite, one way or the other.

===========================================

Larry, why would the good people of Oyster Bay want to block access to
their dock by alien infidels like me (from NY, CT, FL and where ever)?

Is the dock getting over crowded or is this just a territorial thing?

You're reminding me of why I've always had issues with Long Island
towns. :-)


Sorry Wayne, its not about the water or the dock. Please come on over and
enjoy Oyster Bay anytime. We love alien infidels like you. :-) Its the
other infidels that are the problem ...

As far as the issue at hand goes, I didn't clearly explain it because I was
merely looking for a possible legal citation. But if you must know, the
locals are concerned about the Town Park being over used - and trashed - by
people from New York City who are coming out by train (the station is
conveniently next to the park). Since it is a local park maintained by local
taxes, and since the covenant specifically states it is to be used by locals,
and since the out-of-towners (a.k.a. "the other infidels") are not treating
the park or the park rules with any respect, the locals are getting upset.
The Town says they can not enforce the residents-only rule because the law
says they must allow access to the water. I think they are misinterpreting
the law; that if there is such a law, it applies to boaters on their boats,
not people on the land. I'm looking for something to back that up.

Larry Weiss
"...Ever After!"
"a little after..."



Jeff Morris February 5th 04 10:42 PM

Anyone familiar with maritime law?
 
This reminds me of the situation in Boston with the Harborwalk - a 43 mile
walking path that circles the entire harbor, except for the airport. It was
possible because access to the water was guaranteed by old laws. It means that
the fancy waterfront condos, marinas, and hotels have to provide a walking path
along the docks.


"Larry Weiss" wrote in message
...
"Wayne.B" wrote:

On Wed, 04 Feb 2004 13:48:56 GMT, Larry Weiss
wrote:

Basically we are talking about a local town public park and marina on the
waterfront. The park is supposed to be for use by town residents only
(the park land was donated to the town in 1942 by descendants of Teddy
Roosevelt and that strict covenant is in the deed). Over the last few
years, the town has stopped enforcing this restriction. Officials claim
it is because of a law, which they are unable to cite, which states that
they can not restrict access to the water. I believe they may be
misinterpreting a law meant to prohibit restricting a boat's access to
waterways from the water (which I recall hearing about somewhere), rather
than a person's access to the water from land. Nobody on either side
seems to be able to cite any law from either perspective. I'm just
looking for something official to cite, one way or the other.

===========================================

Larry, why would the good people of Oyster Bay want to block access to
their dock by alien infidels like me (from NY, CT, FL and where ever)?

Is the dock getting over crowded or is this just a territorial thing?

You're reminding me of why I've always had issues with Long Island
towns. :-)


Sorry Wayne, its not about the water or the dock. Please come on over and
enjoy Oyster Bay anytime. We love alien infidels like you. :-) Its the
other infidels that are the problem ...

As far as the issue at hand goes, I didn't clearly explain it because I was
merely looking for a possible legal citation. But if you must know, the
locals are concerned about the Town Park being over used - and trashed - by
people from New York City who are coming out by train (the station is
conveniently next to the park). Since it is a local park maintained by local
taxes, and since the covenant specifically states it is to be used by locals,
and since the out-of-towners (a.k.a. "the other infidels") are not treating
the park or the park rules with any respect, the locals are getting upset.
The Town says they can not enforce the residents-only rule because the law
says they must allow access to the water. I think they are misinterpreting
the law; that if there is such a law, it applies to boaters on their boats,
not people on the land. I'm looking for something to back that up.

Larry Weiss
"...Ever After!"
"a little after..."





Doug Kanter February 5th 04 11:12 PM

Anyone familiar with maritime law?
 

"Short Wave Sportfishing" wrote in message
...
On 5 Feb 2004 10:53:30 -0800, (Curtis CCR)
wrote:

Short Wave Sportfishing wrote in

message . ..
On Wed, 04 Feb 2004 21:00:28 GMT, "Doug Kanter"
wrote:

"Short Wave Sportfishing" wrote in

message
.. .
On Wed, 04 Feb 2004 19:50:31 GMT, "Doug Kanter"
wrote:

"Glenn Ashmore" wrote in message
news:FQ8Ub.19239$u_6.9131@lakeread04...

Here is an alternative, though risky alternative. The covenants

of the
will/bequest are very powerful. (See my reply to Larry.) Form a
non-profit community organization. Find some heirs to the estate

and
feel them out about contesting the city's right of posession and
donating the land to the organization. I believe that when they

donate
the land they get a tax deduction equal to the current value of

the
land
less the value of the original bequest.

He may also want to contact the Nature Conservancy, which acquires

land
that's about to be made ugly in various ways. They often find ways

to
lock
it up legally so it REALLY can't be used for disgusting purposes,

like
tree-less housing developments.

www.nature.org

They may already have their eye on the specific land anyway - it's

worth
making inquiries.

Good advice, but be very carefull with these folks - they can be a
real handfull to deal with.

You mean the Nature Conservancy?

Yep - it's a long story - basically, I wanted to put my forest and
meadow property in a long term trust agreement, but the language in
the agreement was such that I would have lost access to my own land
while I was still alive and kicking.

I'm not saying they don't do good work and maybe it was just the folks
I was dealing with, but I never went back to them after that.

I worked an open land deal with the state instead.


I worked with an organization that was a lot like the nature
conservancy (only smaller) on a project to remediate a telecom site we
had in a state park. During the project, they were talking about
trying to work a deal with a local archery club that owned some
adjacent property. The club wouldn't sell the land, but the
conservation group talked about getting a "conservation easement" ( I
think that was the term ).

The organization would not buy the land, but pay the archery club to
agree not to do anything else to the land for the term of easement.
They could still use the land, but the easement meant the club
couldn't do ANYTHING to it - it even put limits on the future
maintenance of some improvements the club had already made. This was
several years ago and it didn't look like such a deal was even close -
I don't know what has happened since.


That's pretty much what happened to me with the caveat that the land
was to have "restricted access" - I asked what "restricted" meant and
it was pretty drastic even to the point of I couldn't hunt on my own
land or fish in my own pond.

Sorry - that dog won't howl.

Later,

Tom
S. Woodstock, CT
----------

"To the fisherman born there is nothing
so provoking of curiosity as a fishing rod
in a case."

Roland Pertwee, "The River God" (1928)




Doug Kanter February 5th 04 11:13 PM

Anyone familiar with maritime law?
 
"Short Wave Sportfishing" wrote in message
...

That's pretty much what happened to me with the caveat that the land
was to have "restricted access" - I asked what "restricted" meant and
it was pretty drastic even to the point of I couldn't hunt on my own
land or fish in my own pond.

Sorry - that dog won't howl.


Who would enforce that? :-) Do they send spies?



Doug Kanter February 5th 04 11:21 PM

Anyone familiar with maritime law?
 
"Larry Weiss" wrote in message
...

Sorry Wayne, its not about the water or the dock. Please come on over

and
enjoy Oyster Bay anytime. We love alien infidels like you. :-) Its the
other infidels that are the problem ...

As far as the issue at hand goes, I didn't clearly explain it because I

was
merely looking for a possible legal citation. But if you must know, the
locals are concerned about the Town Park being over used - and trashed -

by
people from New York City who are coming out by train (the station is
conveniently next to the park). Since it is a local park maintained by

local
taxes, and since the covenant specifically states it is to be used by

locals,
and since the out-of-towners (a.k.a. "the other infidels") are not

treating
the park or the park rules with any respect, the locals are getting upset.
The Town says they can not enforce the residents-only rule because the law
says they must allow access to the water. I think they are

misinterpreting
the law; that if there is such a law, it applies to boaters on their

boats,
not people on the land. I'm looking for something to back that up.

Larry Weiss
"...Ever After!"
"a little after..."


It's a good cause they're fighting, then, if visitors trash the place. That
happens upstate at some of the state parks, with one major exception which I
won't divulge because it's spotless. :-)

Rather than waste a few billion dollars on a legal battle, wouldn't it make
more sense to jack up the littering fines to an absurd level, hire
plainclothes cops on the weekends, and tell them to raise holy hell until
visitors either toe the line or go elsewhere? Let the park police handle
that nonsense at Jones Beach or Robert Moses.

I was at RM once on a chilly October day. There must've been all of 20
people, mostly fishermen. But, there was one asshole who tossed down a
blanket in the sand 10 feet from a sign that said "No Radios". A park cop
went over and asked him to shut it off. The wind was whistling in my ears,
so I didn't hear the conversation - just saw the body language. There was
some finger pointing for maybe 30 seconds, at which point the cop used his
foot to put the guy face down on the blanket, cuffed him, and literally
dragged him into the building by the wrists.

That's what I'm talkin' about. It's beyond me why anyone would leave a noisy
place or a dirty place, presumably where they live, so they can make noise
and more litter.



Short Wave Sportfishing February 5th 04 11:44 PM

Anyone familiar with maritime law?
 
On Thu, 05 Feb 2004 23:13:18 GMT, "Doug Kanter"
wrote:

"Short Wave Sportfishing" wrote in message
.. .

That's pretty much what happened to me with the caveat that the land
was to have "restricted access" - I asked what "restricted" meant and
it was pretty drastic even to the point of I couldn't hunt on my own
land or fish in my own pond.

Sorry - that dog won't howl.


Who would enforce that? :-) Do they send spies?


I live in a small rural town - that should give you an idea. :)

Later,

Tom
S. Woodstock, CT
----------

"To the fisherman born there is nothing
so provoking of curiosity as a fishing rod
in a case."

Roland Pertwee, "The River God" (1928)

Wayne.B February 6th 04 12:59 AM

Anyone familiar with maritime law?
 
On Thu, 05 Feb 2004 22:13:31 GMT, Larry Weiss
wrote:
Since it is a local park maintained by local
taxes, and since the covenant specifically states it is to be used by locals,
and since the out-of-towners (a.k.a. "the other infidels") are not treating
the park or the park rules with any respect, the locals are getting upset.

============================================

I think the answer is strong enforcement of the existing laws or maybe
a few new ones if needed. If necessary, form a community association
and hire a private guard to remind people of the rules and call the
village constable if the hint is not taken. The real problem is
offensive behavior, not people from NYC. Larchmont Manor Park had a
similar issue years ago in Westchester and solved it. The guard is
always there during daylight hours. He's about 80 years old but has
good eyes and keeps a firm grip on things without being offensive
about it. It is probably one of the most pristine and enjoyable parks
on Long Island Sound, and has been for a long time. If anyone fired
up a boom box or dropped a candy wrapper, the guard would be on the
radio to the village police in about a microsecond.

Jere Lull February 6th 04 04:55 AM

Anyone familiar with maritime law?
 
In article ,
Larry Weiss wrote:

As far as the issue at hand goes, I didn't clearly explain it because I was
merely looking for a possible legal citation. But if you must know, the
locals are concerned about the Town Park being over used - and trashed - by
people from New York City who are coming out by train (the station is
conveniently next to the park). Since it is a local park maintained by local
taxes, and since the covenant specifically states it is to be used by locals,
and since the out-of-towners (a.k.a. "the other infidels") are not treating
the park or the park rules with any respect, the locals are getting upset.
The Town says they can not enforce the residents-only rule because the law
says they must allow access to the water. I think they are misinterpreting
the law; that if there is such a law, it applies to boaters on their boats,
not people on the land. I'm looking for something to back that up.


Ahhh! That's very different!

First, I believe the marina can and should be physically secure against
all but "residents, boat owners and their guests". Anyone else on the
docks is trespassing. That's common sense.

Since the covenant includes the park as part of the marina (note the
shift in viewpoint), the physical restriction should be extended to
include it.

Access to the water is maintained.

The physical barrier need not be a fence, expensive, or even high; just
a definite demarcation. The town may have to patrol it for a while, but
that should pass.

--
Jere Lull
Xan-a-Deux ('73 Tanzer 28 #4 out of Tolchester, MD)
Xan's Pages: http://members.dca.net/jerelull/X-Main.html
Our BVI FAQs (290+ pics) http://homepage.mac.com/jerelull/BVI/

Marc February 6th 04 01:50 PM

Anyone familiar with maritime law?
 
Grew up in that town. Manor Park is probably one of the most quietly
scenic and thoroughly enjoyable places I have ever experienced.

On Thu, 05 Feb 2004 19:59:06 -0500, Wayne.B
wrote:

On Thu, 05 Feb 2004 22:13:31 GMT, Larry Weiss
wrote:
Since it is a local park maintained by local
taxes, and since the covenant specifically states it is to be used by locals,
and since the out-of-towners (a.k.a. "the other infidels") are not treating
the park or the park rules with any respect, the locals are getting upset.

============================================

I think the answer is strong enforcement of the existing laws or maybe
a few new ones if needed. If necessary, form a community association
and hire a private guard to remind people of the rules and call the
village constable if the hint is not taken. The real problem is
offensive behavior, not people from NYC. Larchmont Manor Park had a
similar issue years ago in Westchester and solved it. The guard is
always there during daylight hours. He's about 80 years old but has
good eyes and keeps a firm grip on things without being offensive
about it. It is probably one of the most pristine and enjoyable parks
on Long Island Sound, and has been for a long time. If anyone fired
up a boom box or dropped a candy wrapper, the guard would be on the
radio to the village police in about a microsecond.



Doug Kanter February 6th 04 02:19 PM

Anyone familiar with maritime law?
 
"Short Wave Sportfishing" wrote in message
...
On Thu, 05 Feb 2004 23:13:18 GMT, "Doug Kanter"
wrote:

"Short Wave Sportfishing" wrote in

message
.. .

That's pretty much what happened to me with the caveat that the land
was to have "restricted access" - I asked what "restricted" meant and
it was pretty drastic even to the point of I couldn't hunt on my own
land or fish in my own pond.

Sorry - that dog won't howl.


Who would enforce that? :-) Do they send spies?


I live in a small rural town - that should give you an idea. :)


Great. Sounds like your neighbors would turn you in for ****ing on one of
your own trees. :-)

A friend of mine has 200 acres outside of Rochester. Sometimes we shoot guns
there. He's personally acquainted with two cops who sometimes pull over in
their patrol cars to shoot the breeze for a few minutes. Because he and his
wife like to hike & XC-ski on the land, they don't want hunters using it.
When neighbors asked about the visits from the cops, he told them it had
something to do with him not being careful of the direction in which he was
shooting his guns. He asked the cops to back up the story in case anyone
asked. Word got around. No more hunters. What a coincidence. In fact, he's
obsessive about gun safety, but his neighbors don't know that. :-)



Short Wave Sportfishing February 6th 04 04:53 PM

Anyone familiar with maritime law?
 
On Fri, 06 Feb 2004 14:19:53 GMT, "Doug Kanter"
wrote:

"Short Wave Sportfishing" wrote in message
.. .
On Thu, 05 Feb 2004 23:13:18 GMT, "Doug Kanter"
wrote:

"Short Wave Sportfishing" wrote in

message
.. .

That's pretty much what happened to me with the caveat that the land
was to have "restricted access" - I asked what "restricted" meant and
it was pretty drastic even to the point of I couldn't hunt on my own
land or fish in my own pond.

Sorry - that dog won't howl.

Who would enforce that? :-) Do they send spies?


I live in a small rural town - that should give you an idea. :)


Great. Sounds like your neighbors would turn you in for ****ing on one of
your own trees. :-)

A friend of mine has 200 acres outside of Rochester. Sometimes we shoot guns
there. He's personally acquainted with two cops who sometimes pull over in
their patrol cars to shoot the breeze for a few minutes. Because he and his
wife like to hike & XC-ski on the land, they don't want hunters using it.
When neighbors asked about the visits from the cops, he told them it had
something to do with him not being careful of the direction in which he was
shooting his guns. He asked the cops to back up the story in case anyone
asked. Word got around. No more hunters. What a coincidence. In fact, he's
obsessive about gun safety, but his neighbors don't know that. :-)


Heh, heh, heh....man, I could tell you stories.

My pond is way back off the road and hidden by woods - I had the USACE
come in and dredge the entrance and exit to the pond and did some
bottom contouring for me to improve the habitat - it was a neat deal.
They were just using a small excavator that they drove in from the
other side of the woods.

I don't know how anybody found out, but the evening of the day they
started, I must have had fifteen phone calls from real estate agents
and developers wanting to know what I was building, how many houses,
offered "exclusive" deals, etc.

They were extremely disappointed. :)

We also had a period of time where every day some church group sent
their parishioners out on evangelical "harvests". I finally got sick
of it, so I made up a pentagram in my woodshop and a friend of mine
machined a pentagram lead mold - I sacrificed some old lead jigs and
black powder bullets (get it - sacrificied?) and made up a pendant.
The next time callers were announced by the dogs, I grabbed the
pendant, put up the pentagram in the garage and even before they
started in, I asked if they could come back because I needed to
celebrate a black mass for Satan - would they like to attend?

It's been three years now - nary a one. :)

Later,

Tom
S. Woodstock, CT
----------

"To the fisherman born there is nothing
so provoking of curiosity as a fishing rod
in a case."

Roland Pertwee, "The River God" (1928)Word must have gotten around.

Doug Kanter February 6th 04 05:06 PM

Anyone familiar with maritime law?
 
"Short Wave Sportfishing" wrote in message
...

We also had a period of time where every day some church group sent
their parishioners out on evangelical "harvests". I finally got sick
of it, so I made up a pentagram in my woodshop and a friend of mine
machined a pentagram lead mold - I sacrificed some old lead jigs and
black powder bullets (get it - sacrificied?) and made up a pendant.
The next time callers were announced by the dogs, I grabbed the
pendant, put up the pentagram in the garage and even before they
started in, I asked if they could come back because I needed to
celebrate a black mass for Satan - would they like to attend?

It's been three years now - nary a one. :)


I like it! :-) You should've kept some loose black tea in the garage to
throw on them. They would've run away screaming.



Short Wave Sportfishing February 6th 04 07:31 PM

Anyone familiar with maritime law?
 
On Fri, 06 Feb 2004 17:06:17 GMT, "Doug Kanter"
wrote:

"Short Wave Sportfishing" wrote in message
.. .

We also had a period of time where every day some church group sent
their parishioners out on evangelical "harvests". I finally got sick
of it, so I made up a pentagram in my woodshop and a friend of mine
machined a pentagram lead mold - I sacrificed some old lead jigs and
black powder bullets (get it - sacrificied?) and made up a pendant.
The next time callers were announced by the dogs, I grabbed the
pendant, put up the pentagram in the garage and even before they
started in, I asked if they could come back because I needed to
celebrate a black mass for Satan - would they like to attend?

It's been three years now - nary a one. :)


I like it! :-) You should've kept some loose black tea in the garage to
throw on them. They would've run away screaming.


That's for next time.

Later,

Tom
S. Woodstock, CT
----------

"To the fisherman born there is nothing
so provoking of curiosity as a fishing rod
in a case."

Roland Pertwee, "The River God" (1928)


Kathy Mumma February 7th 04 12:21 AM

Anyone familiar with maritime law?
 
I have been trying to watch a similar issue in PA. Apparently someone waded
downstream fishing and was chased off. Kayakers and canoe owners have been
trying to fight it.
Link at: http://www.geocities.com/Yosemite/Go...ccghissue.html
Apparently it is a state law issue.
I also recall Michael Moore and his group protesting this issue out in
Malibu or somewhere in CA where all beaches were represented as Private.
Kathy M
"Larry W4CSC" wrote in message
...
In order to try to spoil boating around HHI, the entire area was
declaired a no-wake zone. No wake zones are being used to spoil
boating across the country in the same manner.

There is also a law against anchoring out off of the billionaires at
HHI and shrimp trawlers are forbidden from even being in the waterways
around it.

Money talks in Columbia. FBI proved you can buy a SC politician for
around $2200. Remember "Operation Lost Trust"?



On Wed, 4 Feb 2004 11:14:20 -0500, "Leanne" wrote:


"Larry W4CSC" wrote in message
...
I just remembered what one lady down in Beaufort, SC, said to

the
newspaper when they were discussing a new marina going into a

creek
near her home. She was opposed to them installing "a floating

trailer
park" in the creek to spoil her view. That's what property

owners
think of your boats......"floating trailer parks".


There was also a case on Hilton Head where someone was fishing in
a creek off someone's land and the lady disliked them spoiling
the view that her state rep. daughter tried to get a law passed
about restricting the waters to a distance (I can't remember the
exact amount, something like 300 yards)of private property. Then
we have the problem that there are very few creeks that are wider
than that. It didn't pass because it ended up being a federal
jurisdiction. Btw, the daughter is no longer in public office.

Leanne
s/v Fundy




Larry W4CSC

No, no, Scotty! I said, "Beam me a wrench.", not a WENCH!
Kirk Out.....





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