I was asked to leave vs Public Trust Doctrine

davet.
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Re: I was asked to leave vs Public Trust Doctrine

Post by davet. »

Agreed, thanks for the effort.
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kraetzer
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Re: I was asked to leave vs Public Trust Doctrine

Post by kraetzer »

Hi Andy,

Did you ever hear back from anybody?
Thanks for looking into this.
kraetzer

"I am ready to face any challenge that might be foolish enough to face me" - Dwight K. Schrute
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Andy Giannini
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Re: I was asked to leave vs Public Trust Doctrine

Post by Andy Giannini »

Talked to a Deputy today.

He said, based on the paperwork presented from a previous court case, (Different topic) he would look at it as private property. (Because the Perry family dredged out the cut.)

I pointed out the the inletting the river, created a public access for the biz, and they did not infact own the water.

Then I hit upon the Ca. Constitution, which is very specific, but unfortunately, I was in the wrong truck and did not have my documents with me.

I told him point blank, it is a Constitutional right to be on that water. That the Perry family created a public easment by inletting the river. And we also hit upon State Lands which was mentioned earlier in the thread. He said they could put a big gate across it as far as he was concerned. I pointed out they did not own the water, that it was a navigable waterway.

He replied, "I am not beyond violating someones Constitutional rights." With a grin. Or something close to that, meaning let the courts sort it out.

I asked specifically if anyone had been been cited, and he answered, "No."

So there you go, I didn't have my ammo, and the law is subject to interpretation.

A LEO could cite you for anything really, and you have to go before the judge to find out.

I am not really done with this topic, I have just been swamped lately with work.

Not done yet,

A.G.
"If you can't win, at LEAST catch the Big Fish!"
davet.
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Re: I was asked to leave vs Public Trust Doctrine

Post by davet. »

Thanks for the info. We appreciate the effort.
I despise them for trying to block public access and it angers me greatly.
If that sign suddenly "disappears", don't be too surprised.
I spoke with the management of nearby B&W about it and he supports the public domain stance.
Although it's still kind of gray, when you can come up with a definitive answer, that will be awesome and I for one, am highly interested in the outcome.
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fish_food
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Re: I was asked to leave vs Public Trust Doctrine

Post by fish_food »

Yes--thanks for the follow up, Andy. I'm looking forward to reading further posts on the matter. Your efforts to tease out the local enforcement agency's stance and interpretation of what we know to be correct is appreciated.
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