Scouting the Salmon River - Straight Facts

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emal7717
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RE: Scouting the Salmon River - Straight Facts 2010/09/10 16:02:11 (permalink)
ORIGINAL: dimebrite

how about the definition???


Certiorari: A formal request to a court challenging a legal decision of an administrative tribunal, judicial office or organization (eg. government) alleging that the decision has been irregular or incomplete or if there has been an error of law.

From what I remember the  MUCC filed on behalf of Citizens and the sportsmen of Michigan. The case revolved around what is called riparian rights. From what I recall, the Fed judge Grand Rapids MI sided with the "Government owns all argument" and a local or state government cant issue or assign property that belongs to the Federal Government. This ****ed off alot of people that own land along the Great Lakes and the rivers. On the TV News they were saying that they had always considered the land theirs. But its not...goes back to crown law from what they said (King aka government owns all navigable waterways and an easement to the "Historical high water mark").

The cases in PA and out west ended in the same ruling.

Fact is we dont own the land even if we pay a mortgage in full. If we fail to pay the RENT aka taxes, they will evict us as sure as can be. Now if we owned it then we wouldn't have to continually pay rent to the government now would we!
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waDerboy
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RE: Scouting the Salmon River - Straight Facts 2010/09/11 06:49:33 (permalink)
So you were citing the Mich case not what happened in the DSR suit. Since it followed my reply about the DSR it made it seem you were refering to that.
Spelling don't mean shishkabobs except when it about something someone needs to Gsearch. Throw around legal terms and then getting them right is an issue.

Still can't believe the guides lawyers either haven't researched it in this case or don't want any more money.

And yes taking peoples homes so a more lucrative mall can be built shows us we own nothing.
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emal7717
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RE: Scouting the Salmon River - Straight Facts 2010/09/11 13:26:47 (permalink)
ORIGINAL: waDerboy

So you were citing the Mich case not what happened in the DSR suit. Since it followed my reply about the DSR it made it seem you were refering to that.
Spelling don't mean shishkabobs except when it about something someone needs to Gsearch. Throw around legal terms and then getting them right is an issue.

Still can't believe the guides lawyers either haven't researched it in this case or don't want any more money.

And yes taking peoples homes so a more lucrative mall can be built shows us we own nothing.


Just a guess but maybe the lawyers wanted to keep it local, and not get into the whole riparian rights issue.
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waDerboy
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RE: Scouting the Salmon River - Straight Facts 2010/09/12 02:26:19 (permalink)
Lawyers are supposed to win cases for paying clients.
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emal7717
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RE: Scouting the Salmon River - Straight Facts 2010/09/12 09:19:12 (permalink)
ORIGINAL: waDerboy

Lawyers are supposed to win cases for paying clients.


Yea right! Why dont sharks eat lawyers....professional courtesy

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waDerboy
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RE: Scouting the Salmon River - Straight Facts 2010/09/13 12:27:36 (permalink)
Spent a few minutes looking around. On the Coast Guards ninth district list of navigable waters the SR is listed but only from the mouth to Port Ontario. If it is in fact not considered navigable upstream on DSR property how does that commerce clause work? Holiday inns are great!
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retired guy
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RE: Scouting the Salmon River - Straight Facts 2010/09/13 14:28:12 (permalink)
Comparing  hunters to fishermen is not gonna work- Have you ever seen litter and garbage all over the woods left by a hunter-rarely if ever and generally-I think not. Fishermen here in Connecticut and in Poolasky have too many slobs in the ranks. Go down river after a rain or high water and look at the styrofoam in the deeper pools-its shameful. Sometimes its the fault of our own fellow fishermen who have created the monsters we have to live with. Cant say as I blame a farmer or woods owner for not wanting the garbage around not to mention whatever their insurance companies want when they find out the property is open to the public. No matter what kind of liability protection laws ( like here in Ct) protect the landowners the Ins Co will try and pile on as much as possible.
 Here in Ct we have clearcut statuatory landowner protections but friends who have property still wont give the required written permission to hunt because of insurance restrictions.
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emal7717
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RE: Scouting the Salmon River - Straight Facts 2010/09/13 16:09:58 (permalink)
ORIGINAL: waDerboy

Spent a few minutes looking around. On the Coast Guards ninth district list of navigable waters the SR is listed but only from the mouth to Port Ontario. If it is in fact not considered navigable upstream on DSR property how does that commerce clause work? Holiday inns are great!


Look at the fed definition of navigadable. 8"diameter x 8' log floating in the water. Commerce! not boats.

I was a coastie reserve for 5 years(Station Belle Isle, and Station St Clair). Your looking at Aids to Navigation.

Your barking up the wrong tree my friend. Look in the Federal Registry, not with the Coast Guard.
post edited by emal7717 - 2010/09/13 16:14:30
#38
emal7717
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RE: Scouting the Salmon River - Straight Facts 2010/09/13 16:24:46 (permalink)
ORIGINAL: retired guy

Comparing  hunters to fishermen is not gonna work- Have you ever seen litter and garbage all over the woods left by a hunter-rarely if ever and generally-I think not. Fishermen here in Connecticut and in Poolasky have too many slobs in the ranks. Go down river after a rain or high water and look at the styrofoam in the deeper pools-its shameful. Sometimes its the fault of our own fellow fishermen who have created the monsters we have to live with. Cant say as I blame a farmer or woods owner for not wanting the garbage around not to mention whatever their insurance companies want when they find out the property is open to the public. No matter what kind of liability protection laws ( like here in Ct) protect the landowners the Ins Co will try and pile on as much as possible.
Here in Ct we have clearcut statuatory landowner protections but friends who have property still wont give the required written permission to hunt because of insurance restrictions.



I agree that there are alot of pigs that fish. I cant stand them. its so easy to bring a small trash bag and pick up after yourself - thats "Personal Responsibility" remember that? when people actually took responsibility for thier own actions and the actions of their kids. I agree with what most states did with whats called Recreational trespass. If your hunting, fishing, 4 wheeling or whatever on someones land (with or without the landowners permission, and you get hurt by no fault of the land owner then you have no right to sue for anything.

It turned back the clock on those liberals and their ilk suing for every little thing that ever happens in life.
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