http://www.ibinews.com/ibinews/newsdesk/20060814154923ibinews.html

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1977 300d 70k--sold 08
1985 300TD 185k+
1984 307d 126k--sold 8/03
1985 409d 65k--sold 06
1984 300SD 315k--daughter's car
1979 300SD 122k--sold 2/11
1999 Fuso FG Expedition Camper
1993 GMC Sierra 6.5 TD 4x4
1982 Bluebird Wanderlodge CAT 3208--Sold 2/13

That constitutional phrase about navigable waterways has a tremendous case history, I'll bet. It certainly has in Louisiana. I think it doesn't take a very good botanist to predict that this case is going to the SC.

Bot

wtf... as long as your out of the way of commercial craft its all good...do lakes also qualify as navigatable... this is some serious stuff...

For purposes of legal definition, the SC has upheld the right of the Fed to exercise jurisdictional control over waterways and their tributaries and associated wetlands. This judge's ruling narrowed the previous distinction significantly.

A recent SC case involving the definition occurred near Chicago (IIRC). The USACE fined a landowner for loss of wetlands function on a piece of property that, through quarrying, had become a speckled landscape of small ponds and wetlands. Defendant claimed that the wetlands were not connected to navigational waters and therefore, didn't fall under USACE control. He won the case, which modestly narrowed fed control over wetlands.

It looks to me like this judge is making another run at restricting federal power. This should be interesting.

B

Just another junk ruling.

Don't worry it will be fixed. The boating industry is a mutli billion dollar industry.

It is a strange rulling, in navigable rivers and lakes the property owners only owned to the water line. The feds controled the rest, I suspect the gov will deal with this.

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http://www.adventuresports.com/river/nors/us-law-public.htm

__________________
1977 300d 70k--sold 08
1985 300TD 185k+
1984 307d 126k--sold 8/03
1985 409d 65k--sold 06
1984 300SD 315k--daughter's car
1979 300SD 122k--sold 2/11
1999 Fuso FG Expedition Camper
1993 GMC Sierra 6.5 TD 4x4
1982 Bluebird Wanderlodge CAT 3208--Sold 2/13

I pulled all the rulings in this case dating back to 2003, but they are all pdfs and are larger than the 65 MBs allowed for an attachment. Kerry, if you or anyone else is interested in these rulings, let me know and I will email them to you. The most recent ruling came down yesterday, denying a Motion to Reconsider and further exhibiting the Judge's flawed logic.