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Fourchon
Access Blocked
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Good ole Louisiana fishing holes blocked by land owners.
Please use the links below to E-Mail your Senators. Ask
them to save our access.
Sportsmen in
Louisiana
are losing rights to fish many
valued
areas due to landowners
placing
fences across canals. You
see,
they believe that if they own
the
land on each side of the canal, then
they
also own the water that is in the canal.
Private
property owners are claiming the
right
to deny the public access to
these
public waters.
The
Constitution states that any waterway that was used for commercial
transportation or
ties into that waterway
is a
navigable waterway that may be used by the public.
See more photos below...
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A no trespassing sign on the fence.

This fence courtesy of
Marrero Land
Co.
This canal is located behind
the old Westwego airport.
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Segnette
Oil Field
To
view locations of gates

Click
map for lager image
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Do you think the gates are legal?
Take the
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Public
things are owned by the state or its political subdivisions in their capacity as
public persons.
Public
things that belong to the state are such as running waters, the waters
and bottoms of natural navigable water bodies, the territorial sea, and the
seashore.
Public
things that may belong to political subdivisions of the state are such as
streets and public squares.
Art.452.
Public things and common things subject to public use.
Public
things and common things are subject to public use in accordance with applicable
laws and regulations. Everyone has the right to fish in the rivers, ports,
roadsteads, and harbors, and the right to land on the seashore, to fish, to
shelter himself, to moor ships, to dry nets, and the like, provided that he does
not cause injury to the property of adjoining owners.
The
seashore within the limits of a municipality is subject to its police power, and
the public use is governed by municipal ordinances and regulations.
.
Art.
455. Private things subject to public use.
Private
things may be subject to public use in accordance with law or by dedication.
Art.
456. Banks of navigable rivers or streams.
The
banks of navigable rivers or streams are private things that are subject to
public use.
The
bank of a navigable river or stream is the land lying between the ordinary low
and the ordinary high stage of the water. Nevertheless, when there is a levee in
proximity to the water, established according to law, the levee shall form the
bank.
Art.
458. Works obstructing the public use.
Works built without lawful permit on public things, including the sea, the
seashore, and the bottom of natural navigable waters, or on the banks of
navigable rivers, that obstruct the public use may be removed at the expense of
the persons who built or own them at the instance of the public authorities, or
of any person residing in the state.
The owner of the works may not prevent their removal by alleging prescription or
possession.
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Another photo showing the fence put up by Marrero Land
Co. behind the old Westwego airport.
I sure do miss fishing this location. |
The 2 photos below show a sign put up by Marrero Land Co.
at the entrance to one of the canals near the old Westwego
dump canals.
Notice how it says "PRIVATE CANAL."
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This fence just off Bayou Segnette approximately 3 miles
south of Lapalco Blvd. courtesy of the "Edward Wisner
Donation."
Our rights to another good ole fishing hole taken away.
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A sign on the fence put up by Edward Wisner Donation.
The wording at the bottom right reads
"OWNER AND OCCUPANT"
They may own the land, but not the water in this canal.
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Another photo of the "Edward Wisner Donation" fence. |

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This gate courtesy of Texaco Inc.
This gate is located in Umbrella canal just east of the
Tank Pond. |
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Another photo of the Texaco Inc. gate. |

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Click
for lager image

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I like how the sign says for use of Texaco Inc.
and its employees. |
Want
to post photos of canals or bayous fenced off in your area?
E-mail
them by: Clicking Here
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