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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.



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