Provides relative to the use of public things and obstruction of public use. (8/1/24) (OR NO IMPACT See Note)
The amendments proposed in SB391 impact several articles of the Louisiana Civil Code concerning public things and common resources. By affirming the rights to access navigable waters and structures therein, the legislation is poised to enhance the legal framework that governs recreational and subsistence fishing. These changes could prove significant for local economies reliant on fishing and recreation, while also affecting landowners who wish to restrict public access to adjacent lands.
Senate Bill 391, introduced by Senator Carter, aims to amend existing laws concerning public use of natural resources in the state, specifically targeting the rights related to fishing and the management of public lands and waters. The bill emphasizes the public's right to fish in various bodies of water accessible via naturally navigable waterways and reinforces the rights to land on the banks of these waters. It proposes clarifications to existing provisions to better define the scope of public access to these natural resources.
The sentiment surrounding SB391 appears to be generally supportive, with a focus on promoting public access and recreational rights. Proponents argue that expanding access to fishing and clarifying public rights are essential for conservation efforts and enhancing community engagement with waterways. Nonetheless, concerns have been raised by landowners who apprehend that the changes could infringe upon their property rights or lead to greater disputes over public access and resource management.
Notable points of contention center on the balance between public usage rights and landowners' rights to restrict access. While supporters assert that enhanced public access benefits the community, critics worry that it may diminish landowners' control and lead to conflicts regarding fishing and property rights. The discussions also highlight the broader implications for wildlife management, as the bill articulates who can access and utilize the state's natural resources, potentially influencing conservation approaches and local governance.