Louisiana SB 129, waterway owners to charge for right of way

Discussion in 'Gulf Coast, Alabama to Texas' started by jmrodandgun, Apr 16, 2017.

  1. jmrodandgun

    jmrodandgun Well-Known Member

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    Senate Bill 129 introduced by Republican Senators Allain and Appel will give property owners the right to demand compensation from neighboring land owners for accessing their private property via waterway. It will also create a mechanism for land owners to indemnify neighboring property owners for damages they may cause by using the waterway. No specifics on how much they can demand in compensation.

    Full bill http://www.legis.la.gov/legis/ViewDocument.aspx?d=1030012

     
  2. sjrobin

    sjrobin I Love microskiff.com!

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    It never stops down there.....
     
    Smackdaddy53 likes this.

  3. jmrodandgun

    jmrodandgun Well-Known Member

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    It's senseless legislation, and likely something that will get tossed along with dozens of other retarded bills. What makes this weird is someone wanted it bad enough to get it done. Their motivation for this is what befuddles me.

    Why would someone do this? Why retroactively change property laws? Imagine owning property, then one day the neighbor demands $1m to access it.
     
  4. sjrobin

    sjrobin I Love microskiff.com!

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    Let me guess, if the downstream water owner makes "improvements" dredging, etc to access their water/land, then the lazy or financially distressed upstream water/land owner needs to help pay for the improved access.
     
    Last edited: Apr 17, 2017
  5. Smackdaddy53

    Smackdaddy53 Zephyr Cove is on FIRE!

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    Sounds about as low as a crackhead suing McDonald's over coffee being too hot. Anything for a buck these days.
     
  6. yobata

    yobata I Love microskiff.com!

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    I always thought that lawsuit was frivolous until I saw photos of the 3rd degree burns suffered by the woman. They're a little too graphic to post here, but a google search will turn them up if you are interested in seeing what "too hot" of a liquid does. Also there is an HBO documentary called Hot Coffee that goes in depth on the case...
     
  7. MariettaMike

    MariettaMike Wish'n I was Fish'n!

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    There are many man made canals that were dredged through private property for oil exploration all across South Louisiana.

    Owners were paid for right-of-way by the oil companies. And the agreements were not typically binding between the neighbors.

    So now that the oil is gone and the right-of-way income with it some owners had their canals blocked off, while others continue to use them for drainage/irrigation.

    There is no law saying you have to allow neighbors to cross your property on land or water to get to theirs.
     
  8. jmrodandgun

    jmrodandgun Well-Known Member

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    This bill specifically amends current law that sates otherwise. You can not buy up property around someone and then deny them access.
     
  9. jmrodandgun

    jmrodandgun Well-Known Member

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    This bill didn't make it out of the House Civil Law and Procedures Committee. The final language of the bill was very different from the original draft. I almost agreed with the final draft as it gave land owners power to collect damages caused by commercial use of servitude.
     
  10. Sublime

    Sublime Well-Known Member

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    If y'all have Amazon Prime, watch the documentary Lube Job. (yeah I know it is a dicey title). Really good documentary about how things got to where they are as far as the disappearing marshes. It is a dang shame.
     
    Whiskey Angler likes this.
  11. jmrodandgun

    jmrodandgun Well-Known Member

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  12. sjrobin

    sjrobin I Love microskiff.com!

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    The primary reason for this problem is La coastal water is private not public so individual land owners made the deals without thinking long term and allowed the destruction of their marsh. Certainly any landowner complaining can just look in the mirror to see the culprit. And their father and grandfather's mirror.... The watermen were powerless to slow it down without public support.
     
    Sublime likes this.
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