Boat Forum / Building / September 2006

Well, it ain't April Fools Day.  This is a real Federal judge and he is dead
serious.  Get outside the "main shipping channel" of any navigable waters of
the US and you are guilty of criminal trespass.

The problem is that the ruling limits access to only the "main shipping
channel".  Also Louisiana law grants public access to the whole river up to
the normal high water mark.  Common law grants access to the banks and
portages.  This ruling negates both.

I don't think you can get away with thinking you can't worry about it
because it doesn't effect me because in all probability it will soon.  I
don't mean to adopt the NRA's "don't give an inch" philosophy but this is
way more than an inch.   Theoretically based on this ruling a shore side
property owner could go to Federal court and win a judgment voiding all the
mooring permits in front of his property out to the main channel.

In the meantime, I think it would be a very good idea for those of us who
may be affected by this draconian ruling to make as much noise about it as
possible.

I'm guessing that this judge is trying to be stupid enough for W to appoint
him to the supreme court.

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>

The province of New Brusnwick has a law which specifically permits
fishermen to use the bank of any river or stream in the province. It
was a reaction against the laws in the old country (Great Britain)
which kept the public off riverbanks flowing through private land,
mostly owned by the aristocracy.

I can't see this US jusdgement holding up against popular outrage.
They'll find some way out of the situation. eg pass a new law.

Don White <whited@ns.sympatico.ca> wrote in news:mhBOg.20946$9u.234140
@ursa-nb00s0.nbnet.nb.ca:

Now, now, Don.  You're just trying to expand the Canadian tax base to
reduce your taxes.....(c;

Martin, please kiss the first beautiful Swedish blonde you see after
reading this and tell her we Americans love Swedish blondes.....

Thanks!