Just a couple of quick question. How many other states in the union are there where you can be arrested for trespass while you're sitting in your own boat in open water? Or is Louisiana the only state so gifted? Just wondering.
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Just a couple of quick question. How many other states in the union are there where you can be arrested for trespass while you're sitting in your own boat in open water? Or is Louisiana the only state so gifted? Just wondering.
I used to hunt wherever I wanted, never had any problems with landowners because I knew everybody in the county. The few owners that had a problem with hunters I avoided their property. Since about 1970 the situation has gotten worse every year and now even if the law did not now require written permission I would not hunt on land I was not invited on. Although I could get permission from most of the older property owners I would feel like I was imposing on them.
Population growth and a change in attitude towards hunting and fishing has made leasing access more and more attractive.
Perhaps the answer is to form clubs that pay for access to restricted waters. You get access and the owner doesn't feel taken advantage of, plus trash and other problems would be policed by the club.
They have a place like that near here and I bought a permit one year. They restrict horsepower, no paddle craft, and you have to get out way prior to duck season. Can't come back until in March. The answer here is to change the law IMHO.Quote:
Originally Posted by wolfhnd
I've never even heard of that until I read this thread. That's crazy IMO. In AL as long as I'm in my boat, in the water, I'm good to go anywhere that I can travel.Quote:
Originally Posted by Fredgr
You would if you owned the road. My driveway is over 1/2 mile long.Quote:
Originally Posted by Cajun Pop
Yes the only one.Quote:
Originally Posted by Fredgr
I find this whole concept of ownership rights a rather novel one. The land owners claim that if it was dry land on an 1812 map as a previous post mentioned then it is to be considered as such today. Of the many laws and constitutions that Louisiana has had since 1812 and the myriad of changes that have taken place its truly amazing that this 1812 map should come to us today in a completely unmodified and absolutely pristine state.
The next question would be how far from shore would these ownership rights extend once the actual shore line has retreated. Would it be hundreds of feet? A few miles or several miles. Or maybe we should have a simple " within sight of land" rule. If you're within sight of my land then you're trespassing.
Most of the water in question are manmade canals. They werent there in 1812. They are still affected by tide, but its surrounded by private property on all sides.Quote:
Originally Posted by FurFlyin
They are still affected by tide, but its surrounded by private property on all sides.[/QUOTE]
If they were surrounded by actual property on all sides they wouldn't be affected by tides. None of them were dug on the interior of private property. they all connected to public waterways initially then others were dug off the initial ones. They all contain public water that flowed from public waterways over private water bottom when the landowners removed their land. They never bought the water or fish from the citizens of Louisiana. The legislature assumed the right to give away public resources and allow landowners the right to deny the public access to resources owned by the public. My belief is that the legislature does not have that authority but it would take a long and expensive fight to resolve the issue. The only real chance the public has to regain access to public resources, in my opinion, is to have all bass and redfish tournament trails notify the state that they will discontinue all activity in the state until the issue is resolved in a manner that does not put their contestants at risk of involuntarily trespassing or breaking the law. The resolution should exempt water bottom owners from any liability for accidents that occur on public water over their property. If I win the powerball I will take it to court.
Cajun Pop, I think you've hit it. The issue is the property owners want it both ways -private but open. I don't have a problem with someone wanting private water just close it off, and lock it down. If I drag my boat over your land to get to your private water take me to jail today! But don't call the sheriff because I've crossed some unmarked ,imaginary line on a map from 1812.
Sad to say, like so much, what we're really talking about is the money. Interestingly Louisiana has already gone through a very similar situation. Look up Leander Perez, the Delacroix Corp., and the Plaquemine Parish land wars of the 1920's and 30's and you can see how that turned out. I'll give ya' hint- them with money made tons more money. All perfectly legal of course!