MS River, Tara, and East Carroll Parish

[DuckBoat]

="Has anyone run into these $&^%@* from Tara or East Carroll , and if so what was the outcome and what did they say.

Trying to filed comments here on everyones stance on this issue.

Last year had some one from the bank hollaring at me that I was on private property. Never did see them just heard them after killing the motor.

This year heard of some other people being harrased by East Carroll but did not get tickets.


I thinks a year or two ago many people got tickets. It might would be helpful to dig up there names.

[Faithful Retrievers]

Its a long road that ends up with no one getting a decision and both sides out cash. I have yet to personally see a ticket make it to court. We use to fight Glascock Island every year on this issue, from helicopters to twin engine bay boats trying to run you out. Someones going to get killed plain an simple. I am not in the area any longer, but I still tip toe in every now and then. The last year I hunted Chotard was the first year I started seeing all them dam posted signs right off the channel, I been there and said "@#$%#" it.
I have found out trying to buy an island that if its below a certain elevation you will never get a deed to said property. There is a guy up here that found a way around it and been snatching up some land for nothing. In other words he found the right person to pay. My thought on that is that if you can't deed past a certain elevation as long you hunted below that elevation you would be fine. I think here its what the river gets up to 24 feet, its not alot but its alot more than just the channel.

I have a list of contacts that we had when we pushed it several years ago and some other guys we talked I believe made it to the court in LA but I cant remember the decision. I don't think it was in favor of Joe Public, thinking it was the landowner.
First move I would see would be search that case if there is one. We never could get it pushed far enough on our side of the river and didn't want to push it with LA.

[dukbum]

Brad Outz? Thats the deputy that tried this chit on us. He was quick to whip out his ticket book and I asked him to lay gps side by side and we'll take a picture of it. He put the book up. It still pisses me off. That little pansy booty Tara guide that was in the boat with me "claimed" he was a Sherrifs Deptuty. Can you get someone that says that, in trouble for impersonating the law? I straight up asked Outzs' fat booty how many deer Tara is letting his redneck booty shoot a year. I've got several people who will help the cause 420.

yep was there that day thought ole deltaduckman was gonna shed his camo and come up out that war eagle and whoop that skinny guides booty funny az chit

[BR549]

Let me know when the court date is I wanna come here the GUILTY verdict!

[Tribute]

Ill be there anyway this weekend 420 knows who i am

[Tribute]

By tje way the little guy in the boat is an inmate trustee.

[DuckBoat]

Let me know when the court date is I wanna come here the GUILTY verdict!

Been waiting for you to chime in. I know you say your not affiliated with them but I don't buy it.

[Buckwabit]

Me neither. Yea..Guilty..Since there is so much Evidence for the Land Owner/Land Non Tax Payers

Give us a Damn Break....

[Faithful Retrievers]

I see how it has become such a problem because when someone gets an inch they take a mile. In our situation I always stayed in the tree line relatively close to the channel, but buddies would dam near get on the front porch of their camp. Its folks like that have cut that gray area to null. If your a foot on what they believe is there property your trespassing which isnt the case cause "normal" water level puts water in the trees. The problem is seldom does a true oxbow stay at normal levels and for the most part is below which gives them access to land that is not deeded to them. Usually they can find some barney to put in their pocket which just makes a big cluster "@#$%#". I now have some what the other hand, but instead of being a dick I explain the situation and where we dont care if they hunt cause the truth is more boats in there is less space for the ducks to sit. Just be respectful to others and no thats too much to ask most folks these days. You know that when that water is up if folks would stay hundred or so yards off the lake in the trees there is more than enough area to hunt without stepping on toes or screwing up anyone property. If I remember the situation ya'll speak of it seemed that if you got out off the main water there was some sort of sign. I liked to never found a spot to hunt and I was the only boat. I just wish they would make a definite ruling usually from what I have seen the clubs and landowners tend to just try and tie it up due to they are fearful of a ruling that says all the yahoos can come on my property if they can float a boat. It usually just ends up being a giant headache and they got you out of their hair for a while.

[420racin]

I received this email from the Office of State Lands, sort of explaining the deal, sort of.

I am going to find out what the ordinary low water level is for the river at that area,a dn then get the elevation of that ordinary low water so we can at least get an idea of the areas that are withing the ordinary low water. I'll let yal know when I come up with something.



I have reviewed our files concerning the state claimed waterway in the vicinity of the coordinates you furnished . I also reviewed the “chute” you referred to, which is located south of the above listed coordinate location.



The state claims the bed and water bottom of both of the areas in question as being a part of a natural location of the bed of the Mississippi River prior to the construction of a several man made cuts along the river.



The state does not claim ownership to the bed and water bottom of the areas that were dredged in order to construct the man made cuts. These areas are shown as public access only.



State ownership along a river or stream lies within the extent of ordinary low water. The extent of state ownership shown on our web site is only an approximation and does not reflect ordinary low water. I do not know if the aerial photography used on our web site was taken during a high water event or a low water event.



Article 499 of the Civil Code of Louisiana states that 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. 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.



If the photograph of area in question was taken during a high water event and the area is dry at ordinary low water, then the state would not have ownership to the area in question. The reason the area is shown as it is on our web site is to protect any ownership claim the state may or may not have in the area. At this time the State Land Office does not have the resources available to conduct a thorough investigation of the area to determine the extent of our claim of ownership.



The disclaimer on our web site states:



“This information is intended to serve only as an initial reference for research of land use and water bottom information and does not purport to provide evidence of legal title to property. This information does not substitute for the need to conduct complete title analyses and should be viewed merely as a reference that does not represent a final agency determination or a judicial determination of ownership, unless otherwise noted.”



The following information is from the Tutorial on our web site:



“The State Land Office uses a set of criteria, based on a review of historical maps and documents on file in the State Land Office, to uniformly select water bottoms throughout the state for inclusion in the water bottoms database. Once a waterway has been selected by this process, the extent of the water bottom is then digitized from USGS Digital Orthophotos (DOQQ). It is important to keep in mind that the extent of the water bottoms shown on this web site is only a representation of the extent of water as shown on the DOQQ and not the legal extent of the state’s claim.

The extent of the water bottoms shown on this web site may be of sufficient accuracy to determine an approximate acreage for the waterway but not of sufficient accuracy to determine a property boundary. The State Land Office does not have the extensive information required to determine a location of the legal boundary for each waterway claimed by our office.”

Please keep in mind that you cannot cross private property to access state property that may be land locked.

As a result of your inquiry, I have noticed that some of the area in question is shown as public access on our web site and should be shown as state claimed. These areas have been corrected and will be updated on the web site as soon as possible.

I hope that this answers your questions.

John Evans

Chief of Titles, Surveys & GIS

[Negotiator]

Go to the applicable courthouse and copy any current or prior oil and gas leases that were issued by the state. Plot the description (in many cause there is a plat attached). If the state accepted money for the consideration for the lease (as per the description or the plat) then it would indicate the state is claiming ownership. You can bet your bottom dollar that if there are any leases (current or prior) effecting said lands, the state will claim the max.

[420racin]

After talking with a person at work about the river and the ordinary low water, I was informed there is no such thing as ordinary low water, there is an average low water and the average low water at Vicksburg is 13' on the gage, which translates to elevation ~68' at Chotard as the average low water. This is all officiallly unofficial.

[farmerc83]

As a result of your inquiry, I have noticed that some of the area in question is shown as public access on our web site and should be shown as state claimed. These areas have been corrected and will be updated on the web site as soon as possible.

I hope that this answers your questions.

John Evans

Chief of Titles, Surveys & GIS

Anyone know the difference in public access and state claimed? First inclination is that state claimed doesn't give the public full rights to the property but I don't know.

At the end of the day, you have to remember that LA is based on Nepoleonic code and is therefore nothing like our rules in MS. Basically, you're arguing with a bunch of redneck Frenchmen.

[biggs]

At the end of the day, you have to remember that LA is based on Nepoleonic code and is therefore nothing like our rules in MS. Basically, you're arguing with a bunch of redneck Frenchmen.

Louisiana doesn't use Napoleonic Code. The Napoleonic Code wasn't established until 1804. Louisiana became part of the U.S. in 1803. Their law is different, based on old civil law rather than common law like the rest of the U.S. You are right, though. It's fairly different, especially concerning property rights.

[BR549]

At the end of the day, you have to remember that LA is based on Nepoleonic code and is therefore nothing like our rules in MS. Basically, you're arguing with a bunch of redneck Frenchmen.

Louisiana doesn't use Napoleonic Code. The Napoleonic Code wasn't established until 1804. Louisiana became part of the U.S. in 1803. Their law is different, based on old civil law rather than common law like the rest of the U.S. You are right, though. It's fairly different, especially concerning property rights.

No it's based on the FEDERAL law! You go past whats around 17 to 18' feet down there you asking for it! They can and will win! It's the same freaking thing for every body of water in the U.S.! Just some states decide to enforce it for whatever reason! If it were mine ????? I don't know what I'd do but if someone was 2, 300 yards over on me better look out cause a tickets a comin!