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.

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."

Letter from Senator Vitter.

Dear Mr. Graves,

Thank you for contacting me with your concerns regarding public waterways becoming private. I appreciate hearing from you on this important issue.

I agree with you that it is important to keep our canals navigable and open. Having our waterways properly maintained and traversable is vital to strengthening and maintaining the important Louisiana industries of boating and fishing, and I have worked to keep certain canals open for public use. For example, I recently worked with the U.S. Corps of Engineers to transfer operations and maintenance of the West Pearl River Navigation Project to the state of Louisiana and Washington and St. Tammany parishes. Therefore, the proposed shutdown will be indefinitely postponed, and the citizens of Louisiana will be able to continue to use the Pearl River Canal . 

We are fortunate that the boat launches to the Pearl River Navigation Canal will remain open to the many citizens who enjoy boating and fishing. I believe it's important that Louisiana families continue to have access to these local natural treasures that have been used for recreation for generations. As you know, we in Louisiana are extremely proud of our designation as the "Sportsman's Paradise ." Rest assured I will continue to work to preserve these resources and will keep your thoughts in mind regarding all of our public waterways.

Once again, thank you for sharing your thoughts with me on this issue. Please do not hesitate to contact me in the future with other issues important to you.

Sincerely,


Senator David Vitter
United States Senator

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