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  #1  
Old 02-22-2017, 07:07 AM
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MathGeek MathGeek is offline
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So what some of you are saying is that if I buy some land ...

And the state allows saltwater intrusion leading to erosion and that land disappears ...

I no longer own the land or the bottom or the water...

But now the water and bottom are the PROPERTY OF THE STATE.

How is this not a violation of the provision of the US CONSTITUTION (5th amendment) saying,

"Private property shall not be taken for public use, without just compensation"?

Converting private property to public use requires just compensation.
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  #2  
Old 02-22-2017, 07:37 AM
Feesherman Feesherman is offline
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Quote:
Originally Posted by MathGeek View Post
"Private property shall not be taken for public use, without just compensation"?

Converting private property to public use requires just compensation.


Your private property was not taken for public use. Your private property was washed away. Are you to say that the people who had land that is now gulf of mexico own that portion of the gulf and we, the public, are not allowed to float a boat over it?
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  #3  
Old 02-22-2017, 10:48 AM
eman eman is offline
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Quote:
Originally Posted by MathGeek View Post
So what some of you are saying is that if I buy some land ...

And the state allows saltwater intrusion leading to erosion and that land disappears ...

I no longer own the land or the bottom or the water...

But now the water and bottom are the PROPERTY OF THE STATE.

How is this not a violation of the provision of the US CONSTITUTION (5th amendment) saying,

"Private property shall not be taken for public use, without just compensation"?

Converting private property to public use requires just compensation.
As a land owner you have the responsibility to maintain your property Not the state .The state doesn't "allow" salt water intrusion. It is not the states job to spend tax dollars to maintain your property.
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  #4  
Old 02-22-2017, 12:20 PM
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Quote:
Originally Posted by eman View Post
As a land owner you have the responsibility to maintain your property Not the state .The state doesn't "allow" salt water intrusion. It is not the states job to spend tax dollars to maintain your property.
so should we not have coastal restoration projects so save everybodys land?
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  #5  
Old 02-22-2017, 12:24 PM
Feesherman Feesherman is offline
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Originally Posted by cgoods17 View Post
so should we not have coastal restoration projects so save everybodys land?


Basically no, I don't want to pay to save someone's land for them. You don't think it's a bit greedy of a land owner to expect the state and federal government to use everyone's tax dollars to save their land while excluding the very people who paid for it?
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  #6  
Old 02-22-2017, 04:44 PM
eman eman is offline
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Quote:
Originally Posted by cgoods17 View Post
so should we not have coastal restoration projects so save everybodys land?
So first you say your land. But when it needs saving because you as a land owner did nothing It's everybodys land???
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  #7  
Old 02-22-2017, 07:06 PM
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Quote:
Originally Posted by eman View Post
So first you say your land. But when it needs saving because you as a land owner did nothing It's everybodys land???
i dont believe i said anything about my land or me being a landowner.. good try homes
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  #8  
Old 02-22-2017, 07:56 PM
boatdriver boatdriver is offline
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Quote:
Originally Posted by eman View Post
As a land owner you have the responsibility to maintain your property Not the state .The state doesn't "allow" salt water intrusion. It is not the states job to spend tax dollars to maintain your property.
Then, can you please explain to me how you plan to have this unified voice and coalition to protect our valued coastal marine resources for future generations? Keep in mind that our state protected lands are a vital variable to your marine resources....
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  #9  
Old 02-22-2017, 11:28 AM
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Quote:
Originally Posted by MathGeek View Post
So what some of you are saying is that if I buy some land ...

And the state allows saltwater intrusion leading to erosion and that land disappears ...

I no longer own the land or the bottom or the water...

But now the water and bottom are the PROPERTY OF THE STATE.

How is this not a violation of the provision of the US CONSTITUTION (5th amendment) saying,

"Private property shall not be taken for public use, without just compensation"?

Converting private property to public use requires just compensation.
You should have put up bulkheads and protected your land.
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  #10  
Old 02-22-2017, 12:20 PM
jhrsmail jhrsmail is offline
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I think if the waterway "dead-ends" into the landowner's property, he has a right to gate the waterway. However if said waterway is a passage of sort between 2 public water bodies, He cannot gate it. As in Statute 9: title 1254:

"The owner of an enclosed estate who has no access to his estate other than by way of an existing waterway passing through neighboring property shall have a right and servitude of passage on such waterway.  The existing waterway passing through the neighboring property shall be directly accessible from a publicly navigable waterway, and shall have been and shall still be capable of use for navigation by the owner of either the dominant or servient estate at the time of acquisition by act of sale, inheritance, or otherwise, by the owner of the dominant estate."
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  #11  
Old 02-23-2017, 06:09 AM
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Originally Posted by Crawl79 View Post
You should have put up bulkheads and protected your land.
And if the government wouldn't let me?
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  #12  
Old 02-23-2017, 08:55 AM
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Quote:
Originally Posted by MathGeek View Post
So what some of you are saying is that if I buy some land ...

And the state allows saltwater intrusion leading to erosion and that land disappears ...

I no longer own the land or the bottom or the water...

But now the water and bottom are the PROPERTY OF THE STATE.

How is this not a violation of the provision of the US CONSTITUTION (5th amendment) saying,

"Private property shall not be taken for public use, without just compensation"?

Converting private property to public use requires just compensation.
Its 100% your job to maintain your land ... by installing bulkheads etc.
Everyone with camps on the water at Big Lake has bulk head for a reason so that they do not lose land to the wind , waves and water .....

You buy land its yours to maintain period .
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  #13  
Old 02-23-2017, 09:46 AM
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Quote:
Originally Posted by "W" View Post
Its 100% your job to maintain your land ... by installing bulkheads etc.
Everyone with camps on the water at Big Lake has bulk head for a reason so that they do not lose land to the wind , waves and water .....

You buy land its yours to maintain period .
What if the government is responsible for the erosion? Ship channel being installed, MS and Atchafalaya levees installed?
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  #14  
Old 02-23-2017, 10:09 AM
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Quote:
Originally Posted by Duck Butter View Post
What if the government is responsible for the erosion? Ship channel being installed, MS and Atchafalaya levees installed?
still your land and your responsibility , you can either watch your land disappear and fight it in count or protect it.


In la you can actually claim lost land but at the end of the day its your choice..


My dad has a fence next to a ditch and over the last 40 years that fence has gotten real close to that ditch now and T Post are starting to fall ..

Reason ? We sprayed round up on that fence line for 40 years and rain has eroded the dirt over the years and we lost a ton of land between our fence and the ditch because we chose to not protect it.
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  #15  
Old 02-23-2017, 10:20 AM
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Quote:
Originally Posted by "W" View Post
still your land and your responsibility , you can either watch your land disappear and fight it in count or protect it.


In la you can actually claim lost land but at the end of the day its your choice..


My dad has a fence next to a ditch and over the last 40 years that fence has gotten real close to that ditch now and T Post are starting to fall ..

Reason ? We sprayed round up on that fence line for 40 years and rain has eroded the dirt over the years and we lost a ton of land between our fence and the ditch because we chose to not protect it
.
None of that is the fault of the government, that is your fault/your responsibility

When your land is lost due to levees being installed, ship channels being installed, which leads to saltwater intrusion, that is a different story, especially when you are still paying taxes on that land
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