Another Case Of Fed Judge Making Laws..

[Frankenstien]

Another Case Of Fed Judge Making Laws..instead of interpreting them.

US federal judge declares boating illegal in all US navigable waters

http://www.ybw.com/ibinews/newsdesk/20060814154923ibinews.html

No more Boating for you... If they outlawed Guns.... Guess that would make me an outlaw.... Same with Boats...

 

[BamaSixGun]

that is so stupid. all cars will be outlawed next.

do you know who and why was behind getting this done.

i don't even like being on the water or fishing, but this is crazy.

the judge must have a god complex and thinks he is all powerful.

the boating industry must be goin crazy right now over this.

THE JUDGE IS STUCK ON STUPID

 

[Frankenstien]

THE JUDGE IS STUCK ON STUPID

ZACKLY...

I'm sure there is more to the story than what is given... however... guess I'll have to be out-lawing it..

 

[KingRancher]

That is the problem with interpitation of outdated laws of our wonderful country. One stuffy judge, outdated law, too much power = Screwy law beingmade. I personaly believe that that law will be overturned for sure, too many recreational boaters out there that will fight it. -mad

 

[JLDickmon]

there's fights like this going on all over the country...
In Michigan, we just had one judge rule the landowner has control to the water's edge, and an appellate judge say it was the 100 year high water mark... problem is, not many people were around 100 years ago to be able to tell you where the high water mark is...

I looked at a house last year, supposed to have eight acres of property... looking at the metes & bounds map of the parcel, I was having a hard time with the math... I asked the realtor where the boundaries of the back of the property were... she pointed to the island on the lake the property backed up to, and said, "...see the marker flag?"
Now, that's the first time I'd ever heard of being able to own a lake...

 

[Scarlet_Nape]

I would be very interested to hear the judge's full rational on that ruling. Surely, he's smart enought to see the full ramifications of he decision.

 

[jopes]

morons, just plain morons. This judge needs to be tossed in the mississippi river and have all the boaters say they cannot help because of his stupid law.

 

[Crumm]

Anyplace you can drive a boat.

Click here to see where you can drive boats like mine Makes about any mud puddle navigable.

 

[Tx_Atty]

article quote - "In the case of Normal Parm v. Sheriff Mark Shumate, James ruled that federal law grants exclusive and private control over the waters of the river, outside the main shipping channel, to riparian landowners."

That sounds like interpretation to me but I will try to find the opinion and read the analysis section to make sure. As far as riparian rights, this sounds essentially correct. It is more likely the allowed pulic use was simply the way it went but did not mean the riparian owners did not have the rights he says they do. Water rights have been an extremely complex area from the very beginning. I'll see what I can find on the actual opinion - let's not forget you are reading an article by a "reporter", not an attorney.

 

[Tx_Atty]

And now for the truth of the matter...

Well, our friendly little reporter left out a few significant items. Seems the plaintiffs in this case were fishermen that were arrested for criminal trespass while fishing on water that was there as a result of flooding and the water was above the normal high-water mark. They were on (above) private property and not on what was the normal body of water. So the judge was right. If the reporter had bothered to actually read the opinion he might have found this is not the outrageous assault on justice he would have you believe. But then, a non-issue isnt newsworthy. Here is a quote from the actual opinion -

"Therefore, the Court declines to interpret the Fifth Circuit's decision so broadly as to find that the Plaintiffs have a federal common law right to fish or hunt on a navigable water, such as the Mississippi River, when those waters periodically flood privately owned lands."

more from his conclusion -

"To the extent that Magistrate Judge Kirk found a federal common law right to fish and hunt over the privately owned lands of Walker Cottonwood Farms property when it is periodically flooded by the Mississippi River, the Court DECLINES TO ADOPT the Magistrate Judge's recommendation."


The judge was right. This is more typical lynching of the judge because someone purposely leaves out the significant facts and findings.