Fifth Circuit Case -- Lake Gassoway -- public water issue
Posted: Fri Jan 04, 2008 2:00 pm
you guys may have already seen this but I just ran across it and thought I would post it here, on Dec. 28 the 5th Circuit in Parm v. Shumate (No. 06-31045) affirmed a federal district court opinion which in essence found:
The district court found that the Property [Lake Galloway] is a bank of the Mississippi River under Louisiana law and subject to a state servitude [however] the servitude “is limited to activities that are incidental to the navigable character of the Mississippi River and its enjoyment as an avenue of commerce. . . . [F]ishing and hunting are not included in these rights.†Accordingly, the district court found that Sheriff Shumate had probable cause to arrest Plaintiffs for trespass and entered summary judgment on Sheriff Shumate’s behalf.
May explain why the Sheriff was out a few days ago running people off. Obviously, the decision was a blow to the general public and a plus to private landowners. Just fyi
And to clarify, as I understand the public would enjoy the right to hunt and fish on waters within the ordinary low water mark of the river --- however, Lake Gassoway was within the ordinary high water mark and therefore subject to a "lesser" servitude -- at least that's how I read it, others may have a different interpretation
The district court found that the Property [Lake Galloway] is a bank of the Mississippi River under Louisiana law and subject to a state servitude [however] the servitude “is limited to activities that are incidental to the navigable character of the Mississippi River and its enjoyment as an avenue of commerce. . . . [F]ishing and hunting are not included in these rights.†Accordingly, the district court found that Sheriff Shumate had probable cause to arrest Plaintiffs for trespass and entered summary judgment on Sheriff Shumate’s behalf.
May explain why the Sheriff was out a few days ago running people off. Obviously, the decision was a blow to the general public and a plus to private landowners. Just fyi
And to clarify, as I understand the public would enjoy the right to hunt and fish on waters within the ordinary low water mark of the river --- however, Lake Gassoway was within the ordinary high water mark and therefore subject to a "lesser" servitude -- at least that's how I read it, others may have a different interpretation