Saturday, October 5, 2013

The Comite River Hoax “Trick or Treat”

On October 3, Louisiana Department of Wildlife and Fisheries (LDWF) pulled one hell of a trick on some landowners along the Comite River. Those landowners were so determined to stop ATV traffic on the river that it clearly became evident they had sold their souls to the devil to get what they wanted. Well it looks like LDWF took advantage of the circumstances surrounding the conflict between public use and private rights by stopping any and all ATV traffic and taking much more. Good luck with those landowner permits for personal ATV use, because the process to get one is unrealistic.  LDWF's lengthy permit process can be viewed on pages 14-18 You feeling lucky? 

Listed below are few important parts that LDWF suspiciously failed to discuss in detail with landowners under Section 117 Permitted Activities on pages 15 and 16,
  • Part B activities 11-13
  • Part E and Part F rule 16b

    Landowners that attended the meeting were conned into believing that LDWF was going to help them by stopping the ATV traffic. Perfect timing for LDWF to grab all they wanted by using landowners blind support to pursue new laws. LDWF quickly proposed the new laws banning all ATVs on all scenic waterways in the state, because the tricked landowners failed to read the fine print.or disguising language. Always read the fine print, please. Take a look at this first trick in the fine print. Source: See page 11


§(Section) 105. Applicability of These Regulations
A. These regulations shall apply to all uses proposed to be undertaken on the stream or on
adjacent lands within 100 feet of a designated system stream by any "person" whether or
not concurrence, authorization, or matching funding is provided by any state agency,
local governing authority, political subdivision, or special district of the State of
Louisiana, unless restriction of those uses are exempted from regulations pursuant to the
provisions of R.S. 56:1852(B). Don't forget exempted

These regulations shall further apply to all activities
more than 100 feet from designated system streams that have potential to
significantly impact the ecological integrity of a system stream
  1. Old law provides LDWF jurisdiction over all uses proposed within 100 feet.
  2. New law provides LDWF jurisdiction over all activities more than 100 feet.



Did LDWF take the time to explain why this change from within 100 feet to more than 100 feet is necessary to stop ATV's? NO, because explaining that would expose LDWF's true intent which is to take as much jurisdiction as possible over private property. Remember this doesn't just involve the 39 miles of the Comite River, but effects over 3000 miles of waterways in the state of Louisiana. That's scary! Look at map of the effected 59 state waterways in 35 parishes

What does it really mean to landowners? All activities mean anything the landowner does that could harm (pollute) a scenic waterway. Example: If the landowner has a drainage ditch on his land and something hazardous spills and then it flows into that drainage ditch which eventually connects to a scenic waterway, then he can be fined up $1000 per day until he fixes the violation.

Look penalties under section 119 number 1 on page 18  If that landowner doesn't pay they will haul him into district court and force him to pay the fines. If the court has trouble making the landowner pay the fines, LDWF will put him in jail until the fines are paid. Remember more than 100 feet means no limit of jurisdiction from the scenic waterway if the LDWF administrator thinks your activities could harm (pollute) the ecological regime.

Did these landowners really believe LDWF was truly pursuing new laws only to stop the ATVs? YES, nobody wants to believe they can be conned.  Exempted means exception to the law stated on Page 11 under LA RS 1852 PRIVATELY OWNED STREAMS

What did it cost these landowners to sell their souls? Freedom to do what they want to do on their own property. If the landowners continue to allow LDWF to claim state ownership of the Comite River, then the landowners do not own to the centerline of the river. LDWF officials are glad to take property without having to pay for it.

Is this all of the evidence that proves landowners on the Comite River were tricked out of their private property? No, not even close!


More to come…..

See more about The Battle on the Comite
Trick 2

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