Voodoo Daddy, you really need to do some research on the Louisiana laws covering this issue because the things you are saying are just not true. Louisiana law is based on navigable waterways in 1812, when LA was admitted to the Union. If it was navigable back then, it's State owned. If it wasn't, it's private. Whether something is navigable today is pretty much irrelevant. Also, there have been a few key times in the past where the State fucked up and passed laws selling or conceding ownership of the waterways to the private sector.

This issue has been extensively litigated over the years. That means you'd have to change the law by convincing a majority of legislators that it's a good idea for the State to confiscate billions of dollars worth of property from it's citizens (with a good portion of that property being land that was originally purchased from the State by these same individuals), all because some fisherman think they're somehow entitled to it even though they haven't had to pay any of the associated costs of ownership for the last 200 years. All I can say is good luck with that because the last time I checked, none of our Louisiana Legislators listed their party affiliation as "Socialist". Louisiana made it's decision long ago, now it has to live with that decision.


http://law.justia.com/cases/federal/app ... 82/578878/

Even if you prove that something is navigable (under Federal law), that will only allow you to use it as a transportation route. It doesn't provide the right to stop & fish.

Sent from my SAMSUNG-SGH-I547 using Tapatalk

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Double post

heres a report i did for a surveying class i took years ago.

Comprehensive Report of Louisiana Coastal Water Boundaries.

Abstract: The following paper will discuss the Legal definition of Public-Private boundary along coastal waters. Give a brief overview of determination of Ordinary High/Low Water Mark. Discuss navigability in Louisiana. The apportionment of accretion, reliction and exposed lands throughout Louisiana’s coastal area. The states treatment of the Swamp and Overflowed Lands Act.



Definition of Public-Private Boundary

What is public?

Louisiana Civil Code Article 450. Public Things.

Public things are owned by the state or its political subdivisions in their capacity as public persons.

Public things that belong to the state are such as running waters, the waters and
bottoms of natural navigable water bodies, the territorial sea, and the seashore.

Public things that may belong to political subdivisions of the state are such as streets and public squares.( http://www.legis.state.la.us/lss/toc.htm)

LA C.C. Art. 452. Public things and common things subject to public use.

Public things and common things are subject to public use in accordance with applicable laws and regulations.
Everyone has the right to fish in the rivers, ports, roadsteads, and harbors, and the right to land on the seashore, to fish, to shelter himself, to moor ships, to dry nets, and the like, provided that he does not cause injury to the property of adjoining owners.

The seashore within the limits of a municipality is subject to its police power, and the public use is governed by municipal ordinances and regulations.
(http://www.legis.state.la.us/lss/toc.htm)


What is private?

LA C.C. Art. 453. Private things.
Private things are owned by individuals, other private persons, and by the state or its political subdivisions in their capacity as private persons. (http://www.legis.state.la.us/lss/toc.htm)

LA C.C. Art. 455. Private things subject to public use.
Private things may be subject to public use in accordance with law or by dedication. (http://www.legis.state.la.us/lss/toc.htm)

Public thing maybe become Private or vice versa

LA C.C.Art. 504. Ownership of abandoned bed when river changes course.
When a navigable river or stream abandons its bed and opens a new one, the owners of the land on which the new bed is located shall take by way of indemnification the abandoned bed, each in proportion to the quantity of land that he lost.
If the river returns to the old bed, each shall take his former land. (http://www.legis.state.la.us/lss/toc.htm)



Navigability

Inherent Sovereignty

Inherent sovereignty gave Louisiana and its citizen ownership of the beds and bottoms of all navigable water. It also gave the state ownership of the soils under the navigabliable waterways below the ordinary high water mark. State v. Placid Oil Co, 300 So 2nd 154; 1974 (Kent 2008).

Equal Footing Doctrine

In 1812 Louisiana was addmitted to the union; upon admission to the union the state acquired title to all lands below the ordinary high water mark of navigable waters by virtue of the Equal Footing Doctrine. State v. Placid Oil Co, supra (Kent 2008, O’Conner 1991)



Public trust Doctrine

Louisiana was also given title to the water bottoms of all waterways subject to tidal ebb and flow upon admission to the union. Phillips Petroleum Co. v Mississippi 108 S Ct. 791 (1988) (Kent 2008, Robillard et al. 2006)


In 1978 the Louisiana Legislature redefined the dividing line between the ownership of the state and the riparian owners with LA C.C. art. 456. State v. Richardson, 72 So. 984 (1916). (O’Conner 1991)

Navigability- a body of waster is navigable if it is capable of being used as a highway for commercial traffic. If it is navigable in fact, it is navigable in law.


Navigability Test

Navigable in Fact
The rule laid down by the Supreme Court of the United States, and followed in this state, is that streams, lakes, and other bodies of water that are navigable in fact are navigable [*855] in law, and, to be navigable in fact, it is necessary that they either be used or be susceptible of being used "in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water." (The Daniel Ball v. United States)
(http://www.lexisnexis.com.proxy.uwlib.uwyo.edu)

Navigable in Law
The rule laid down by the Supreme Court of the United States is that streams and lakes which are navigable in fact are deemed navigable in law, and that they are navigable in fact when they are used or susceptible of being used in their natural and ordinary condition as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water. The Daniel Ball v. United States, 10 Wall. (77 U.S. 557, 566, 77 U.S. 557, 19 L. Ed. 999; United States v. The Montello, 87 U.S. 430, 20 Wall. (87 U.S.) 430-445, 22 L. Ed. 391; United States v. Cress, 243 U.S. 316, 323, 37 S. Ct. 380 (383), 61 L. Ed. 746; Economy Light and Power Co. v. United States, 256 U.S. 113, 121, 41 S. Ct. 409 (412), 65 L. Ed. 847; Oklahoma v. Texas, 258 U.S. 574, 586, 42 S. Ct. 406 (411), 66 L. Ed. 771; Brewer-Elliott Oil & Gas Co. v. United States, 260 U.S. 77, 43 S. Ct. 60, 67 L. Ed. 140.
The same rule with regard to navigable waters of the state, as contradistinguished from the navigable waters of the United States, has been [**10] observed in the decisions of this court. Goodwill v. Police Jury of Bossier Parish, 38 La.Ann. 752; Burns v. Crescent Gun & Rod Club, 116 La. 1038, 41 So. 249; Board of Commissioners of Caddo Levee District v. Glassel, 120 La. 400, 45 So. 370; Delta Duck Club v. Barrios, 135 La. 357, 65 So. 489; Smith v. Dixie Oil Co., 156 La. 691, 101 So. 24." State v. Sweet Lake Land & Oil Co., 164 La. 240, 113 So. 833 (1927)(
http://www.lexisnexis.com.proxy.uwlib.uwyo.edu).

Evidence of Navigability
A body of water is navigable in law when it is navigable in fact. State v. Jefferson Island Salt Mining Co., 183 La. 304, 163 So. 145 (1935) cert. den. 297 U.S. 716, 56 S. Ct. 591, 80 L. Ed. 1001, rehearing denied 297 U.S. 729, 56 S. Ct. 667, 80 L. Ed. 1011. The factual question turns on whether the evidence shows a body of water to be suitable by its depth, width and location for commerce. However, lack of commercial traffic does not preclude a finding of navigability. State v. Capdeville, 146 La. 94, 83 So. 421 (1919) cert. den. 252 U.S. 581, 40 S. Ct. 346, 64 L. Ed. 727. A stream, to be navigable, must be usable for commerce in its natural state or ordinary condition. Madole v. Johnson, 241 F. Supp. 379 (1965); The Daniel Ball, 77 U.S.(10 Wall.) 557, 19 L. Ed. 999 [*1178] (1870); Delta Duck Club v. Barrios, 135 La. 357, 65 So. 489 (1914). Construction of a dam across a bayou does not change its status as a navigable stream. Beavers v. Butler, 188 So.2d 725 (La.App. 2 Cir. 1966) writ refused 249 La. 739, 190 So.2d 242. A body of water can be navigable despite natural or man-made [**9] obstructions. Terrebonne Parish School Board v. Texaco, Inc. 178 So.2d 428 (La.App. 1 Cir. 1965) writ refused 248 La. 465, 179 So.2d 640, cert. den. 384 U.S. 950, 86 S. Ct. 1568, 16 L. Ed. 2d 546
http://www.lexisnexis.com.proxy.uwlib.uwyo.edu.

Navigable means when a stream is large enough to float a boat of some size, engaged in carrying trade. It implies the possibility of transporting men and things. It is because navigable rivers afford a way of communicating that the legislature has placed them in the public domain. Burns v Crescent Gun & Rod Club, 41 So. 249 116 LA (http://www.lexisnexis.com.proxy.uwlib.uwyo.edu).

Modes of travel
In The Montello, 20 Wall. 430, 441, 22 L.Ed. 391 (1874) the Court further defined navigable waters:
'It would be a narrow rule to hold that in this country, unless a river was capable of being navigated by steam or sail vessels, it could not be treated as a public highway. The capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river, rather than the extent and manner of that use. If it be capable in its natural state of being used for purposes of commerce, no matter in what mode the commerce may be conducted, it is navigable in fact, and becomes in law a public river or highway.' (http://www.lexisnexis.com.proxy.uwlib.uwyo.edu)

LA C.C. Art. 456. Banks of navigable rivers or streams.
The banks of navigable rivers or streams are private things that are subject to public use. The bank of a navigable river or stream is the land lying between the ordinary low and the ordinary high stage of the water. Nevertheless, when there is a levee in proximity to the water, established according to law, the levee shall form the bank.
Natural navigable water bottoms are public things. (http://www.legis.state.la.us/lss/toc.htm)


Coastal Waters Bodies

Seas
LA C.C. Art 449 Common things
They are such as the high seas that may be freely used by everyone conformably with the use of which nature intended them. (http://www.legis.state.la.us/lss/toc.htm)

LA C.C. Art 450 Public things
Public thing that belong to the state is the territorial sea. (http://www.legis.state.la.us/lss/toc.htm)

All waters of the Gulf of Mexico which is connected to the Louisiana’s open coast (O’Conner 1991).


Arm of the sea
The term "the sea" as used in La. Civ. Code Ann. art. 451 have reference to the Gulf Coast, and to the lakes, bays and sounds along the Gulf Coast. Additionally, according to Louisiana jurisprudence the word "sea" applies to "arms of the sea," which are defined as bodies of water in the vicinity of the open Gulf and which are directly overflowed by the waters of the Gulf. Davis Oil Company v. The Citrus Land Company, et al 563 So. 2nd 401 1990

In the Morgan v. Nagodish Case, the organ of the court quoted Justinian and our Civil Code, and concluded that: "Whether we take the criterion established by our Code, or that by Justinian, and apply to either the evidence in this case, we must conclude that Bayou Cook is not an arm of the Gulf of Mexico, and that its banks form no part of the seashore. The salt water ascertained to be in Bayou Cook is not supplied by a 'water-flood' from the gulf; nor do 'the waters of the sea (gulf) spread, in the highest water, during the winter season,' over its banks." Morgan v. Nagodish, 3 So. 636; 1888 (http://www.lexisnexis.com.proxy.uwlib.uwyo.edu)

If the salt water, ascertained to be in a bayou, lake, cove, or inlet adjacent to or connected with an arm of the Gulf of Mexico, does not result from an overflow that is occasioned by high tides flooding its banks, but in the first instance enters an arm of the gulf and thence into said bayou, lake, etc., and is there combined with fresh water derived from other sources, same cannot be considered as an arm of the sea, nor its banks the seashore. All that tract of land over which the greatest water flood extends itself is the seashore. "High seas" mean that portion of the sea which washes the open coast, and do not include the combined salt and fresh waters which, at high tide, flood the banks of an adjacent bay, bayou, or lake. State V. Sweet Lake Land & Oil Co. 164 La. 240 1927 (http://www.lexisnexis.com.proxy.uwlib.uwyo.edu)

The waters of the lake are affected by the tides, and, in the canal, the tides ebb and flow regularly, although to a lesser degree. The canal may, therefore, be properly classified as an arm of the sea, as is the lake to which it is attached. D’Albora v. Garcia, 144 So. 2d at 914 (http://www.lexisnexis.com.proxy.uwlib.uwyo.edu)


Seashore
LA C.C. Art. 451. Seashore.
Seashore is the space of land over which the waters of the sea spread in the highest tide during the winter season. (http://www.legis.state.la.us/lss/toc.htm)

Louisiana has agreed that the shores include only the land along the sea or the ocean, and do not extend back from the one or the other. Bayou Castiglione under the law cannot be considered a part of the shore, for the shore is that space of land on the borders of the sea which is at times covered by the rising tide and dry by the falling tide. Burns v. Cresent Gun & Rod Club 41 So. 249 La. 1906 (Glen 2008)

The ordinary high water mark of the Gulf of Mexico is as high or higher than the ordinary reach of the highest tides in the winter intern the seashore does not extend beyond the ordinary water’s edge. Roy v. Board of Commissioners for Pontchartrain Levee District, 117 So. 2nd 60 La. 1960. (O’Conner 1991).

According to Louisiana decisions seashore is the space of land in the open coast that is directly overflown by the tides. See Buras v. Salinovich, 154 La. 495, 97 So. 748 (1923); Morgan v. Negodich, 40 La. Ann. 246, 3 So. 636 (1888). See also Burns v. Crescent Gun & Rod Club, 116 La. 1038, 41 So. 249 (1906). Thus, not all lands subject to tidal overflow are "seashore". (http://www.lexisnexis.com.proxy.uwlib.uwyo.edu)

Tidelands
Louisiana was also given title to the water bottoms of all waterways subject to tidal ebb and flow upon admission to the union. Phillips Petroleum Co. v Mississippi 108 S Ct. 791 (1988) (Kent 2008, Robillard et al. 2006). According to Kent “It has been long-established that the individual states have the authority to define the limits of the lands held in public trust to recognize private rights in such lands as they see fit. O’Conner “I am not aware of any case currently pending in which these issues have been raised”

Tidelands which Louisiana acquired through the equal footing doctrine that are not seashore or sea bottoms, however, may be privately owned. Inland non-navigable water bodies and swamp land subject to indirect tidal overflow, but not direct coastal ebb and flow, may be privately owned under Louisiana law. Dardar v. Lafourche Realty In C. A. 5(la.) 1993

We concur in the opinion that plaintiff's land should not be classed as "seashore," or public property. The fact that it is subject to tidal overflow does not characterize the land as "seashore," under the provisions of the Code. The statutes providing for disposing of such lands, either by the state or by the federal government, describe them as being subject to tidal overflow. It has never heretofore been supposed that the definition in article 451 of the Civil Code was intended to include in the term "that space of land over which the waters of the sea spread in the highest water during the winter season," any and all land that is subject to tidal overflow, however remote from the "seashore," as it is generally understood. Buras v. Salovich 97 So. 748 La. 1923. (Kent 2008)
Lakes
The water boundary of both salt water tidal lakes or fresh water inland navigable are to the ordinary high-water mark. (Miami corporation v. State 173 so. 315 LA 1937; State v. Placid Oil Co, 300 So 2nd 154; 1974) (Kent 2008)


Accretion, Reliction, Exposed Lands

Navigable rivers and streams boundaries differ from shores of sea and lakes as stated in LA C.C. art 499, art 500, & art 501


LA C.C. Art. 499. Alluvion and dereliction.
Accretion formed successively and imperceptibly on the bank of a river or stream, whether navigable or not, is called alluvion.

The alluvion belongs to the owner of the bank, who is bound to leave public that portion of the bank which is required for the public use.
The same rule applies to dereliction formed by water receding imperceptibly from a bank of a river or stream. The owner of the land situated at the edge of the bank left dry owns the dereliction. (http://www.legis.state.la.us/lss/toc.htm)

LA C.C. Art. 500. Shore of the sea or of a lake. There is no right to alluvion or dereliction on the shore of the sea or of lakes. (http://www.legis.state.la.us/lss/toc.htm)

LA C.C. Art. 451. Seashore. Seashore is the space of land over which the waters of the sea spread in the highest tide during the winter season. (http://www.legis.state.la.us/lss/toc.htm)

The sea and navigable lakes boundaries are fixed to their location as they existed when Louisiana was admitted to the union in 1812. The boundaries of the sea may not be subject to accretion and reliction, but when the former shore has become submerged by natural process the land transfers title to the state (Miami corporation v. Stare 173 so. 315 (LA 1937). (O’Conner 1991).

Coastal Landowners in Louisiana lose to erosion and can not gain form accretion or dereliction (Kent 2008)

Under Louisiana law, whether an owner of land bordering on water may acquire additional land or lose what he has, by effect of a change in the location of the shoreline of the water, are matters governed by the Civil Code. Accretion, which the Civil Code calls alluvion, formed successively and imperceptibly on the bank of a river or stream, belongs to the owner of the bank. La. Civ. Code art. 499. However, there is no right to alluvion or dereliction on the shore of the sea or of lakes. La. Civ. Code art. 500. Accretion does not become the property of owners of soil contiguous to the seashore. Riceland Petroleum Company v. North American Land Company, Inc., 869 So. 2d 894
Louisiana Constitution Article 9 Section 3 Alienation of Water Bottoms
The legislature shall neither alienate nor authorize the alienation of the bed of a navigable water body, except for purposes of reclamation by the riparian owner to recover land lost through erosion. This Section shall not prevent the leasing of state lands or water bottoms for mineral or other purposes. Except as provided in this Section, the bed of a navigable water body may be reclaimed only for public use.

Determining the Ordinary High/Low Water Mark

The Borax Consolidated v. City of Los Angeles, 296 US 10 was a landmark case in which the U.S. Supreme Court decision called for the application of modern scientific techniques for precisely defining coastal water boundaries (Cole 1997)
The range of the tide at any given place varies from day to day, and the question is, how is the line of "ordinary" high water to be determined? The range of the tide at times of new moon and full moon "is greater than the average," as "high water then rises higher and low water falls lower than usual." The tides at such times are called "spring tides." When the moon is in its first and third quarters, "the tide does not rise as high nor fall as low as on the average." At such times the tides are known as "neap tides." "Tidal Datum Plane," U.S. Coast and Geodetic Survey, Special Publication No. 135, p. 3. 2 [**30] the view that "neap tides" should be taken as the ordinary tides had its origin in the statement of Lord Hale. De Jure Maris, cap. VI; Hall on the Sea Shore, p. 10, App. XXIII, XXIV. In his classification, there are "three sorts of shores, or littora marina, according to the various tides," (1) "The high spring tides, which are the fluxes of the sea at those tides that happen at the two equinoxials"; (2) "The spring tides, which happen twice [*24] every month at full and change of the moon"; and (3) "Ordinary tides, or nepe tides, which happen between the full and change of the moon." The last kind of shore, said Lord Hale, "is that which is properly littus maris." He thus excluded the "spring tides" of the month, assigning as the reason that "for the most part the lands covered with these fluxes are dry and maniorable," that is, not reached by the tides. Borax Consolidated v. City of Los Angeles, 296 US 10

In the Riceland Petroleum Company v. North American Land Company, Inc., 869 So. 2d 894 case the trial judge found that the meander line of the Bilbo survey was not there to fix the southern boundary "but simply to reflect the sinuosity of the coastline which continued to be the point of high tide of the Gulf of Mexico." We agree with the trial judge that when the line was established it was placed as close as possible to the point of high tide of the Gulf in 1838, but we cannot agree that it did not fix the southern boundary. The extent and validity of a federal grant is a question to be resolved by federal law. Borax, Consolidated, Ltd., v. Los Angeles, 296 U.S. 10, 56 S. Ct. 23, 80 L. Ed. 9 (1935).

O’Conner 1991 “The appointed time for measurement of those tides whose highest reach will mark the inshore line of the seashore (in the winter) coincides with the period of naturally low water along the Louisiana coast rather than the period of high water that was the case in the countries of the Mediterranean where this definition has its beginning in the predecessors of the Civil Code”


From the Borax Consolidated Ltd v. City of Los Angeles a modern scientific technique must be used to define the boundary.

In Louisiana which is predominantly diurnal tide. The NOAA recommends that a procedural departure to the standard method be followed and if there is a significant difference in the total number of highs and low between the control and subordinate stations (Cole 1997). Along much the Gulf Coast of the United States the tides are predominantly diurnal. However, over short distances of the coast, the tides may in one location be diurnal, and in another location
nearby, semidiurnal or mixed. The NOAA recommends the Modified Range Ratio Method for datum computations (NOAA 2003).


Statement from Flushman, 2002. Water Boundaries: Demystifying Land Boundaries Adjacent to Tidal or Navigable Waters is as follows:
“The ordinary low water mark is the sea ward boundary of tideland and landward boundary of submerged lands perhaps is not frequently an issue of dispute due to the strictures of conveyance of tidelands and submerged lands location of the ordinary low water mark along the open coast has not been the subject of many court decisions.
There is an authority that may guide the surveyor or lawyer in determining how to physically locate the ordinary low water mark property boundary along tidal waters. That authority must be understood in its context to avoid possible misunderstanding and it resulting misapplication” (Flushman 2002)





Swamp and Overflowed Lands Act

CASELAW: UNITED STATES v. LOUISIANA ET AL. (LOUISIANA BOUNDARY CASE) 394 U.S. 11

GRANTS OF SWAMP AND OVERFLOWED LANDS
TITLE 43. PUBLIC LANDS
CHAPTER 23. GRANTS OF SWAMP AND OVERFLOWED LANDS

43 U.S.C. §981. Indemnity to States on sale of lands.
Upon proof by the authorized agent of the State, before the Secretary of the Interior or such officer as he may designate, that any of the lands purchased by any person from the United States, prior to March 2, 1855, were "swamp lands," within the true intent and meaning of the act entitled "An Act to enable the State of Arkansas and other States to reclaim the swamp lands within their limits," approved September
28, 1850, the purchase-money shall be paid over to the State wherein said land is situate; and when the lands have been located by warrant or scrip, the said State shall be authorized to locate a like quantity of any of the public lands subject to entry, at $1.25 per acre, or less, and patents shall issue therefor. The decision of the Secretary or such officer shall be first approved by the Secretary of the Interior (LPELS 2009).

43 U.S.C. §982. Grant to States to aid in construction of levees and drains.
To enable the several States (but not including the States of Kansas, Nebraska, and Nevada) to construct the necessary levees and drains, to reclaim the swamp and overflowed lands therein -- the whole of the swamp and overflowed lands, made unfit thereby for cultivation, and remaining unsold on or after the 28th day of September, A.D. 1850, are granted and belong to the several States respectively, in which said lands are situated: Provided, however, That said grant of swamp and
overflowed lands, as to the States of California, Minnesota, and Oregon, is subject to the limitations, restrictions and conditions hereinafter named and specified in this chapter, as applicable to said three last-named States respectively (LPELS 2009).

43 U.S.C. §983. Lists and plats of lands, for governors of States.
It shall be the duty of the Secretary of the Interior, to make accurate lists and plats of all such lands, and transmit the same to the governors of the several States in which such lands may lie, and at the request of the governor of any State in which said swamp and overflowed lands may be, to cause patents to be issued to said State therefor, conveying to said State the fee simple of said land. The proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied
exclusively, as far as necessary, to the reclaiming said lands, by means of levees and drains (LPELS 2009).


43 U.S.C. §984. Legal subdivisions mostly wet and unfit for cultivation.

In making out lists and plats of the lands aforesaid all legal subdivisions, the greater part whereof is wet and unfit for cultivation, shall be included in said lists and plats, but when the greater part of a subdivision is not of that character, the whole of it shall be excluded therefrom (LPELS 2009).

43 U.S.C. §986. Selection of lands confirmed.
All land selected and reported to the General Land Office as swamp and overflowed land by the several States entitled to the provisions of said Act of September 28, 1850, prior to March 3, A.D. 1857, are confirmed to said States respectively so far as the same remained vacant and unappropriated and not interfered with by an actual settlement under any law of the United States (LPELS 2009).

Additional

La. R.S. 9:1101. Ownership of waters and beds of bayous, rivers, streams, lagoons, lakes and bays.
The waters of and in all bayous, rivers, streams, lagoons, lakes and bays, and the beds thereof, not under the direct ownership of any person on August 12, 1910, are declared to be the property of the state. There shall never be any charge assessed against any person for the use of the waters of the state for municipal, industrial, agricultural or domestic purposes.
While acknowledging the absolute supremacy of the United States of America over the navigation on the navigable waters within the borders of the state, it is hereby declared that the ownership of the water itself and the beds thereof in the said navigable waters is vested in the state and that the state has the right to enter into possession of these waters when not interfering with the control of navigation exercised thereon by the United States of America. This Section
shall not affect the acquisition of property by alluvion or accretion.
All transfers and conveyances or purported transfers and conveyances made by the state of Louisiana to any levee district of the state of any navigable waters and the beds and bottoms thereof are hereby rescinded, revoked and canceled.
This Section is not intended to interfere with the acquisition in good faith of any waters or the beds thereof transferred by the state or its agencies prior to August 12, 1910. (http://www.legis.state.la.us/lss/toc.htm)








La. R.S. 49:1. Gulfward boundary.
The historic gulfward boundary of the state of Louisianamextends a distance into the Gulf of Mexico 3 marine leagues from coast.
The coast or coast line of the state of Louisiana is accepted and approved as designated and defined in accordance with applicable Acts of Congress, as follows: From Ship Island Lighthouse to Chandeleuer Lighthouse; thence in a curved line following the general trend of the seaward, high-water shore lines of the Chandeleuer Islands to the Southwesternmost extremity of Errol Shoal; thence to Pass-a-Loutre lighted whistle buoy 4 to South Pass Lighted whistle buoy
2; thence to Southwest Pass entrance midchannel lighted whistle buoy; thence to Ship Shoal lighthouse; thence to Calcasieu Pass lighted whistle buoy 1; thence to Sabine Pass lighted whistle buoy 1, as designated and defined under authority of the Act of Congress of February 19, 1895, 28 Stat. 672, 33 U.S.C. 151 as amended, and as is shown on the attached chart showing the coast line of the state marked thus --- and showing the State gulfward boundary by a solid line 3 marine leagues from coast, which chart shall be paraphed by the Speaker of the House of Representatives, the President of the Senate and by the Governor to be identified herewith. (http://www.legis.state.la.us/lss/toc.htm)

La. R.S. 49:3. Ownership of waters within boundaries.
The State of Louisiana owns in full and complete ownership the waters of the Gulf of Mexico and of the arms of the Gulf and the beds and shores of the Gulf and the arms of the Gulf, including all lands that are covered by the waters of the Gulf and its arms either at low tide or high tide, within the boundaries of Louisiana. (http://www.legis.state.la.us/lss/toc.htm)



















BIBLIOGRAPHY

Riparian Boundaries
By H. Glen Kent; 2008 Louisiana Society of Professional Surveyors 47th
Annual Convention

Water Boundaries
By George M Cole; 1997 John Wiley & Sons

Water Boundaries: Demystifying Land Boundaries Adjacent to Tidal or Navigable Waters
by Bruce S. Flushman; 2002 John Wiley & Sons

Boundary Law in Louisiana
By Henry (Skip) F. O’Conner; 1991 National Business Institue, Inc

Evidence and Procedures for Boundary Location
By Walter G. Robillard, Donald A. Wilson, and Curtis M. Brown; 2006 John Wiley & Sons

COMPUTATIONAL TECHNIQUES FOR TIDAL DATUMS HANDBOOK
By NOAA Special Publication NOS CO-OPS 2; 2003

Compendium of Louisiana and Federal Laws Relating to Land Surveying
By Louisiana Professional Engineering and Land Surveying Board, 2009

http://www.lexisnexis.com.proxy.uwlib.uwyo.edu
http://www.legis.state.la.us/lss/toc.htm: Louisiana Laws

Yea that's the marsh east of big lake I was just using that area as an example.


Sent from my iPhone using Tapatalk

Cordgrass,
Is that Chuck Kayarans class from UWYO?

y'all still dreaming about this? lol

[quote lol[/quote]you still believe in denying the public their sovereign rights?[/quote]


I believe that the duck/deer lease that I pay a lot of money for is no place for a bunch of people with no standing to go play grab azz on. there is no bayou that runs through it to get anywhere else, it's all private land.
as a veteran, who actually has defended the sovereign rights of the American public, I think joe public can go suck a egg when it comes to thinkin he can just go anywhere he wants to on property I am paying for.

u wanna talk that sovereign rights crap, go ask that waterboy's daddy looking governor why the hell u can't go ride around like u want to on wma's and state parks, I mean, it's joe public's land.

this whole argument is great for the type person who is looking to rape other people's land, and I question the integrity of anyone who is for it.
anyone with property or leases or anything of value on private land would have to be an idiot to consider for one second this whole proposal.

This movement has been picking up a lot of steam. There is a parish Tourism board that are backing this and more that want to talk with the coalition. I expect all of them to commit to this. There are public officials from some different parishes that are on board and now there are some senators and representatives that are on the radar. Meetings have happened. Last meeting there were over 80 people in attendance, signing up. There is another planned soon and there will be more all across the state. LaSC is looking to get about 20,000 to 60,000 members. Which is only about a 10% to 25% of the total amount of fishing license holders.

Some think that this is just a charter captains group. But they are wrong, This is a very grass roots recreational and commercial fisherman's group. Even though there is big money against this, money does not vote. The masses vote. And most all the people at these meetings are recreational fisherman from all over the state. And this is nothing new, this is just going back to the laws that used to be recognized. When I was a boy, you could fish any flowing water.

Tourism dollars are at stake for all parishes but especially those that are south of I-10 and I-12. The money generated for these parishes and the states and all the related industries are impacted. Couple that with the slump in the oil industry and those dollars are even more important.

As for as leases to what is really water. People may be paying for leases that these companies legally did not have right to lease. It seems that the laws may be on the side of the coalition and trespassing is not really trespassing.

The LWLF has said they will not be writing trespassing tickets. If anyone, starts to sue sheriff's departments for wrongful citations because of state statutes, they may decide to stop instead of going through millions of dollars of lawsuits. But the rumor is that the LWLF will not tolerate anyone threatening boaters and fisherman and to call them immediately for arrest of those threatening.

Doesn't seem to be making new laws, only to fix the people actually posting and claiming private those waterways the law actually states are public. When someone gets away with it for a while, doesn't mean they're legally right. If your land doesn't fit that category, no point in being indignant about it because this doesn't apply to you at all and yours. If it does, then those rights and laws you and everyone else that serves for allow for you to be mad or not like it, but the law still applies.

The problem will be kids with MM tearing shit up just to see where a small slough or ditch goes.

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well, luckily, it looks like I wont have a problem.
My property is inside our protection levee, and is owned by apache.
Majority of the land being talked about is all throughout marshes.

Does anyone know why y'all could fish places 30 years ago but not today? I'm talking about the legal reason not the asshole/idiot reasons.