Another fine ruling from the left.

**dadyswat** · 09-19-06, 12:23 PM

http://www.ibinews.com/ibinews/newsd...23ibinews.html

**Five-0** · 09-19-06, 12:47 PM

Originally Posted by dadyswat

http://www.ibinews.com/ibinews/newsd...23ibinews.html

With logic like this....this guy could be supervisor at a child protective services agency. What a dumbshit. I would tell him this myself, but I'm going fishing.

**Pedro56** · 09-19-06, 12:52 PM

M-o-r-o-n

**Willowdared** · 09-19-06, 01:15 PM

It would be nice if they gave the whole story.

Parm v. Shumate (Civil Action No. 01-2624), Normal Parm, Jr., and four others were fishing a section of the Mississippi River between the ordinary high- and low-water marks when the owner of the adjacent land, Walker Cottonwood Farms, contacted the local sheriff and had Parm arrested and charged with trespass.

The court found that although Walker Cottonwood Farms' privately owned property (the area between the ordinary low and ordinary high stage of water) is subject to public use because it is a bank of the Mississippi River, fishing and hunting were not among the permitted uses. Only those "activities that are incidental to the navigable character of the Mississippi River and its enjoyment as an avenue of commerce" are permitted.

This would include "all legitimate purposes of travel or transportation, for boating or sailing for pleasure, as well as for carrying persons or property for hire," but not for fishing or hunting. An appeal to the Fifth U.S. Circuit Court of Appeals is planned

Dollars to donuts, Mr Parm and his pals are now wishing they paid the trespassing fine!

**TheOldRhino** · 09-19-06, 01:28 PM

So let me get this straight? Any water in the US that you can take a boat on is now restricted?

This can't be right. We'd be taking up guns and marching on the capital right now if that was the case.

**Willowdared** · 09-19-06, 01:38 PM

No, if you read the ruling, what it really applies to is the shallows, not the channels of travels. More specifically, it's about the flood zone, that when dry is private property, but when flooded becomes part of the river.

Sounds like one of those chronic disputes that made it's way to court. The question is, is it corporate farm vs neighborly tradition, or self entitled city folks riding rough-shod over honest farmer?

**dadyswat** · 09-20-06, 07:41 AM

Where did you get the rest of the article?

**Willowdared** · 09-20-06, 12:45 PM

Originally Posted by dadyswat

Where did you get the rest of the article?

I had to dig thru google, I got the best hits using Parm v Shumate - Shumate being the Sheriff.

I'd love to find out the back story on this. I grew up a country/farm girl, so my family not only hunted/fished/foraged, but had to deal with rude hunters who thought they could go anywhere they wanted.