Public Water (Oxbows and Streams) in MS
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Re: Public Water (Oxbows and Streams) in MS
Dukelane We have been dealing with this for a few years now but to answer your question the other land owners could not use your land because the drainage ditch would be viewed as man-made thus not natural flow.
Re: Public Water (Oxbows and Streams) in MS
I have done some extensive research on this topic, and in
my opinion, the legislature and attorney general have no guidance on the issue because there are no "defined boundaries". Therefore, it will be handled on a case by case basis. It is an issue that will ultimately be decided by the 5th Circuit Court of Appeals.
The issues haven't been touched by the Courts because there is so much more at stake than hunting and fishing rights. Property Rights values will be dramatically affected by a decision either way. Several people own lots and homes on Mississippi oxbows so they can hunt and fish navigable waters. If the Courts rule that navigable waters covering private land are off limits, property values are likely to be affected.
It is a very interesting issue that I believe we will still be discussing in ten years because there still will be no clear answer.
my opinion, the legislature and attorney general have no guidance on the issue because there are no "defined boundaries". Therefore, it will be handled on a case by case basis. It is an issue that will ultimately be decided by the 5th Circuit Court of Appeals.
The issues haven't been touched by the Courts because there is so much more at stake than hunting and fishing rights. Property Rights values will be dramatically affected by a decision either way. Several people own lots and homes on Mississippi oxbows so they can hunt and fish navigable waters. If the Courts rule that navigable waters covering private land are off limits, property values are likely to be affected.
It is a very interesting issue that I believe we will still be discussing in ten years because there still will be no clear answer.
Re: Public Water (Oxbows and Streams) in MS
I think the law SHOULD be:
Any natural body of water that can be accessed by boat without crossing any private land while the controlling body of water is under flood stage shall be legal.
In other words if the river is less than flood stage and your boat floats go for it.
All of the rivers and most creeks have published flood stages. Therefore if an oxbow is connected to one of these rivers/creeks and is less than flood stage I think it should be legal.
There would be a few kinks but this ought to fix most of the problems with interpretation of the lines.
Disclaimer: all of the above is how I think the easiest way to fix the problem and is not the law.
I always thought if your boat floats then it is ok. That is how it works around here and we don't have problems with trespassing. Really the only problem anyone has around here is that sometimes the fishermen don't get thier trot lines out before the water falls and we have to cut them. Even though I now know that is not legal I still don't say anything when I see a boat riding by on the property above flood stage. As long as they stay in the boat I am cool.
Any natural body of water that can be accessed by boat without crossing any private land while the controlling body of water is under flood stage shall be legal.
In other words if the river is less than flood stage and your boat floats go for it.
All of the rivers and most creeks have published flood stages. Therefore if an oxbow is connected to one of these rivers/creeks and is less than flood stage I think it should be legal.
There would be a few kinks but this ought to fix most of the problems with interpretation of the lines.
Disclaimer: all of the above is how I think the easiest way to fix the problem and is not the law.
I always thought if your boat floats then it is ok. That is how it works around here and we don't have problems with trespassing. Really the only problem anyone has around here is that sometimes the fishermen don't get thier trot lines out before the water falls and we have to cut them. Even though I now know that is not legal I still don't say anything when I see a boat riding by on the property above flood stage. As long as they stay in the boat I am cool.
Re: Public Water (Oxbows and Streams) in MS
ISAIAH 40:31
“I ask you to judge me by the enemies I have made.”
― Franklin D. Roosevelt
“I ask you to judge me by the enemies I have made.”
― Franklin D. Roosevelt
- marshman
- Veteran
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- Location: Orange Tx now. formerly Greenville MS
Re: Public Water (Oxbows and Streams) in MS
Not completly sure, but I think the wading part may be what got yall.
Re: Public Water (Oxbows and Streams) in MS
The LA law is not as forgiving as the MS law seems to be. Ruling from 2005: http://la.findacase.com/research/wfrmDo ... WLA.htm/qx
The way I interpret this is that in LA, one has the right to navigate past the mean low watermark, but does not have the right to hunt and fish past the mean low water mark. The technical definition of the meal low escapes me now.
Fishing on Cottonwood Farms in East Carroll Parish brought this ruling about, and a Clinton-appointed judge.
Edit:
I'll add that I'm unclear on wether this ruling is law of the land currently or not. I have heard via hearsay that folks have been given tickets under this ruling, but I have not had any tickets, but have been harrassed by a bought and paid for MS sheriff's deputy.
The way I interpret this is that in LA, one has the right to navigate past the mean low watermark, but does not have the right to hunt and fish past the mean low water mark. The technical definition of the meal low escapes me now.
Fishing on Cottonwood Farms in East Carroll Parish brought this ruling about, and a Clinton-appointed judge.
Edit:
I'll add that I'm unclear on wether this ruling is law of the land currently or not. I have heard via hearsay that folks have been given tickets under this ruling, but I have not had any tickets, but have been harrassed by a bought and paid for MS sheriff's deputy.
Re: Public Water (Oxbows and Streams) in MS
Depends if people are claiming it or not. It's all bullshiz
- mudsucker
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Re: Public Water (Oxbows and Streams) in MS
Watch when you name a public waterway, you may get a warning.
Long Live the Black Democrat!
GEAUX LSU!
WHO DAT!
DO,DU AND DW!
GEAUX LSU!
WHO DAT!
DO,DU AND DW!
Re: Public Water (Oxbows and Streams) in MS
Did I kill that duck?...well yeah.
Re: Public Water (Oxbows and Streams) in MS
ISAIAH 40:31
“I ask you to judge me by the enemies I have made.”
― Franklin D. Roosevelt
“I ask you to judge me by the enemies I have made.”
― Franklin D. Roosevelt
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