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whistlingwings
MMT Addict
Joined: Thu Mar 25, 2010 3:07 am Posts: 676 Location: Stuck in the marsh, LA
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 Obstructing natural waterways
Dguidry can probably help out on this... So the deer lease holders next to our lease gated off a natural bayou at the beginning of their properly line. This is a natural bayou that is listed on the office of state lands as "state claimed". The gate actually blocks access to part of our property via the natural bayou. Is there any way this is legal?
_________________ 1854 Sportsman's Fab 2046 Uncle-J Skiff 35 GTR
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Mon Jan 04, 2016 10:19 pm |
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huck Finn
MMT 1000 Club
Joined: Thu Jan 31, 2013 5:42 pm Posts: 1913 Location: Conroe tx
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 Re: Obstructing natural waterways
I don't know about your area , but same thing happened here and trinity river authority wrote some hefty fines to landowner . Might call your local water authority .
H Finn
_________________ Ole black water keep on rolling
18x54 Uncle J -GTR - with the koolaid Back H2o SWOMP 23 SS stage 2 15x36 GD Duck Skiff GATOR GATOR GLIDE PROSTAFF BACKWATER PROSTAFF http://www.gatorglide.com
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Mon Jan 04, 2016 10:27 pm |
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dguidry
MMT Super Elite Member
Joined: Tue Jun 29, 2010 1:20 pm Posts: 11166 Location: Cecilia, LA
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 Re: Obstructing natural waterways
Ask them to voluntarily grant you access first . If they refuse there are many options but none will be easy or quick.
_________________ Formerly:1648 Homemade Cypress Crawfish Skiff GTR23 Performance Cam and Heads; 17x46 Gator Tail with 35GTR and Hoyt's cam;s Currently: 17x48 Gator Tail with XD40 EFI. “Wisdom is not just expertise. It is knowing how much of various areas of expertise you need to know in order to make the decisions that the world needs and that you want to do,” Columbia University President Lee Bollinger.
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Tue Jan 05, 2016 10:15 am |
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JIMMY W
MMT 1000 Club
Joined: Tue Jan 13, 2009 8:02 pm Posts: 4534 Location: South Louisiana
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 Re: Obstructing natural waterways
damn people find another place to hunt and stop trying to move yourself into others lands.I hate mine off and that's the law on the small ditches and bayous as long as we own land on both sides!!
_________________ 17/54 GT EXTREME Center Console, Huntdeck w/ GTR 35
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Thu Jan 07, 2016 1:50 am |
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dead animal
MMT 1000 Club
Joined: Fri Jan 16, 2009 3:18 pm Posts: 1726
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 Re: Obstructing natural waterways
natural bayou and navigatable waters is two completely differant things in legaleze. lol
that sonris map that shows state land has plenty of errors on it, it is to be used as a guide, not as the law.
if you do have right to a easement, they will have to grant you acess. it may take alot of effort to prove your standing to get that acess.
i know we have a bayou gated off on my lease. if you don't, the typical levee rats will rape it blind. poachers are bad enough, but the bass fisherman are by far the loudest cryers, even though the bayou is too shallow to run their glitterboats.
probly the best thing to do is go talk to the people and work something out and go from there.
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Thu Jan 07, 2016 11:03 pm |
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da go get'er
MMT 1000 Club
Joined: Wed Oct 27, 2010 8:30 am Posts: 3406 Location: Prairieville
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 Re: Obstructing natural waterways
Navigable in fact is not always navigable in law. Many things are to be considered in determining navigability rights. I believe Louisiana uses a 3 out of 5 criteria that must be met for a waterway to navigable by law.
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Fri Jan 08, 2016 10:08 am |
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Waterfowl Fool
MMT Pro Member
Joined: Sat Jan 14, 2012 8:58 pm Posts: 354 Location: Okeechobee - Florida
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 Re: Obstructing natural waterways
If the water is navicable they are restriced from doing so here in Fla. However you may be different. I can tell you I'd get my shit together and then cut it right in the middle and hunt the area.
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Tue Jan 12, 2016 9:37 pm |
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pooldoo73
MMT F.E.
Joined: Tue Jan 25, 2011 5:47 pm Posts: 886 Location: Plaquemine
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 Re: Obstructing natural waterways
Is the gate a navigation hazard? Or is it just blocking a ditch? The landowners in my area got into a mess of crap years ago when they Gated a canal and some guy later hit it running at night.
Is it a gate or plastics drums blocking it? U can get over drums all day long, just have to hit it like a levee and slide right over.
_________________ 18'x54"CC Hanko/ 36PD
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Sun Jan 17, 2016 1:57 pm |
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lunacris
MMT 1000 Club
Joined: Thu Mar 29, 2012 8:31 pm Posts: 3251 Location: Da Parish
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 Re: Obstructing natural waterways
if you own the property and its not a navigable water way, you can gate.
a small cut off of a pipeline or bayou is not navigable water
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Sun Jan 17, 2016 2:59 pm |
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Wilson
MMT F.E.
Joined: Thu Jan 15, 2009 6:35 pm Posts: 935 Location: South LA
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 Re: Obstructing natural waterways
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Sun Jan 17, 2016 7:04 pm |
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da go get'er
MMT 1000 Club
Joined: Wed Oct 27, 2010 8:30 am Posts: 3406 Location: Prairieville
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 Re: Obstructing natural waterways
_________________ 17*38 Klibert 23GDLT I toast to staying positive and testing negative!
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Sun Jan 17, 2016 9:48 pm |
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Ricerunner
MMT F.E.
Joined: Fri Sep 11, 2015 6:56 pm Posts: 887 Location: Summerville, SC
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 Re: Obstructing natural waterways
In SC DHEC determines what waters are considered navigable and no GW can make the determination.
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Mon Jan 18, 2016 10:23 am |
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Ricerunner
MMT F.E.
Joined: Fri Sep 11, 2015 6:56 pm Posts: 887 Location: Summerville, SC
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 Re: Obstructing natural waterways
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Mon Jan 18, 2016 10:27 am |
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da go get'er
MMT 1000 Club
Joined: Wed Oct 27, 2010 8:30 am Posts: 3406 Location: Prairieville
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 Re: Obstructing natural waterways
_________________ 17*38 Klibert 23GDLT I toast to staying positive and testing negative!
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Mon Jan 18, 2016 10:29 am |
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Ricerunner
MMT F.E.
Joined: Fri Sep 11, 2015 6:56 pm Posts: 887 Location: Summerville, SC
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 Re: Obstructing natural waterways
Department of Health & environmental control
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Mon Jan 18, 2016 1:29 pm |
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