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To: GeronL

Here in Florida, there was quite a court case over waterborne access. Florida law allows “navigable waters” to be used by all. The Fisheating Creek case was an illustration of how that law works.

If a body of water was used for commercial/public access by boat it is open to all. Lykes is the 2nd largest land holding family in Florida, and, IIRC, is controlled by Chester Ferguson, probably now by his daugher, Stella Ferguson Lykes. Stella Lykes family owned Lykes Steamship line, Lykes Pasco Packing, ranches, groves, forests, etc. Chester married Stella, Ya see - and the rest ‘jest happened natcherly’.

So, they decided to close off Fish Eating Creek where it entered their land. However, there was the small problem of an old sunken steamboat on the bottom of said Creek, mute testimony to commercial/public use.

The Lykes family used every legal option available (’member the “Golden Rule”?) Having lots of lawyers on staff, and sufficient gold to field a legal circus worthy of Ringling, Barnum, & Bailey, the case kept enviro-whackos and presstitutes drooling for a long time.

In the end, the sunken boat sank the Lykes.

In Neu Yuk Stadt, the waterways have a transportation history going back to the days of the Indians.

The Property Rights issue, at least in Florida, is solved by users of a waterway across private land Not being allowed to get out of the boat onto the private lands surrounding the waterway. Waters are communal property, and are open to all. Private lands are only open by agreement of the land owner.

It works well here in Florida.

Whether anything can work in Neu Yuk remains to be seen.


11 posted on 01/20/2015 9:28:58 PM PST by GladesGuru (Islam Delenda Est. Because of what Islam is - and because of what Muslims do.)
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To: GladesGuru

communal property

no way


13 posted on 01/20/2015 9:30:37 PM PST by GeronL
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