blong wrote:so unless new laws have been written about shared waters, you are wrong. Where have you been?
I don't think there's any new laws, just a Federal court ruling on the laws that were always in place.
http://sports.espn.go.com/outdoors/bass ... s_20081007The State of Louisiana subsequently appealed that decision to the (Louisiana) Second Circuit Court of Appeal, which lifted the injunction, agreed that the property was privately owned and rejected the State's argument that the property was the bed of the Mississippi River (and therefore owned by the State). The Second Circuit Court of Appeal determined that a river's bed consists only of the land lying below the river's ordinary low water mark. In the court's opinion, it did not matter that the Mississippi River sometimes flooded the property. In 2005, the Louisiana Supreme Court denied the State's request to hear the case, effectively finalizing the Second Circuit's decision.
Later that year, the federal district court riled that federal law did not give Parm and the others the right to fish on the property.
The U.S. Court of Appeals for the 5th Circuit then heard the case and ruled that the Commerce Clause of the U.S. Constitution gives the federal government a "dominant servitude" over the navigable waters of the United States, but that this servitude does not apply to land that is only submerged during periods of high water. Therefore, Parm and the other anglers would not have the right to follow the flood waters and fish outside the channel. Furthermore, the clause only applies to navigational rights and commerce, not fishing for pleasure.
The court had little difficulty in dismissing Parm's claim that Louisiana state law gave him the right to fish up to the high water mark, citing a Louisiana state constitutional provision that gives citizens the right to hunt, fish and trap, but which requires the permission of the landowner where private property is concerned.
driven every kind of rig that's ever been made, driven the backroads so I wouldn't get weighed. - Lowell George