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Naples Dentist fails to read beyond the headlines and rushes to take a political potshot.

The ruling leaves boating open in all navigable channels, therefore certainly doesn't "outlaw boating in all navigable waters" in the US.

All the ruling does is clarify that the riparian land owners also own and control the shallow waters outside the main navigable channels. While this affects rivers, creeks, etc to some extent it will effect lakes almost not at all and coastal areas won't even notice any difference.

But you couldn't pass up an opportunity to take a shot at Clinton. Too bad.

Chuck
Sep 15
2006
I can state with some authority that one of the local Superior Court Judges has a brand new 20' Gambler bass boat.

http://www.gamblerboats.com/Intimidator2000.html

I've gone fishing with him - that beast hauls some major butt.

Shortwave
Sep 17
There will not be a prize for the first smart ass comment. Shortwave
Sep 17
No comment from me. I didn't know you achieved that 'rank'. Don
Sep 17
On 17 Sep 2006 00:20:30 -0700, Chuck Gould penned the following well considered thoughts to the readers of rec.boats:

I ran across this by accident, this is funny and I don't care who you are.... http://www.pleasurecaptains.com/

Anyway... NOYB piqued my interest on just what this administration has done in the way of matters that might interest boaters. I know, locally, we have seen harmful cuts in the Corps of Engineers that have adversely affected commerce and recreational boating. Here are some statistics that you might want to peruse: http://tinyurl.com/nhtv3

Here are some broader considerations: http://tinyurl.com/sxkh6

And one might also notice that boat registrations between 1996 and 2001 increased. From 2002 until present it appears that boating registrations have actually declined. http://tinyurl.com/rg9qp

Anybody have statistics going back further to other administrations?

Gene
Sep 17
So 38.4% are still Clinton appointees. NOYB
Sep 17
Interesting how your interpretation differs so much from the opinions of the author of the article and the MRAA president.

So why should we believe your assessment?

>But you couldn't pass up an opportunity to take a shot at Clinton. Too bad.

Too bad your head is in your ass and you can't see the cause-and-effect of poor judicial appointments and how they shape the country we live in. It was the liberals on the SCOTUS that gave us that absurd eminent domain ruling, and now it's a liberal judge telling us we can't operate on what has always been considered public waterways. There's a trend. Open your eyes, quit playing netcop, and you just might see it.

NOYB
Sep 16
>The ruling leaves boating open in all navigable channels, therefore Shortwave
Sep 16
My head was not in my ass when I clearly read your false fricking headline declaring that a Clinton apppointed judge had just outlawed all recreational boating in the United States. The political comment I could make as a result of your action is so glaringly obvious it doesn't need to be made. And besides, there is no room for politics in a boating NG.

But do stop playing fast and loose with the truth just to try and make your sick and twisted political hate points. Thanks.

Do I see a trend? You betcha. Brightly and clearly. Only it's not the trend you have in mind and it's not a proper subject for discussion on rec.boats. Send me your email address and we can discuss politics without disrupting the group. :-)

Chuck
Sep 15
Thank your side for those poor judicial appointments to the SCOTUS. Seven of the nine are *Republican* appointments. The situation is much the same with the Circuit Courts. Since 1969, Republican Presidents have appointed 211 Judges, Democrats 122. Oh, and the District Courts? Republicans have appointed 813, Democrats 508. If you don't like the current crop of Judges, I suggest you vote Democrat. ;-) thunder
Sep 16
Ouch.... :>) Shortwave
Sep 16
Well I'm struggling to get a grip on just why some people find this ruling so objectionable. It certainly isn't consistent with previous positions expressed on similar matters.

For example: How can the same person decry the ruling that stated private property rights can be extinguished by any community who wants to exercise "emminent domain" to turn the land over to a private developer and *also* bemoan a ruling that strengthens the right of private property owners to be able to enjoy their property without a parade of folks streaming through their back yard to go fishing? One should either be an ardent supporter of private property rights, or not, rather than blow around in the breeze on the issue coming down on one side or the other depending upon apparent political opportunity.

Regardless, the ruling certainly doesn't "outlaw recreational boating throughout the US", (or whatever the inflammatory headline was). Looks to me like it says that the ownership of property and payment of property taxes should entitle the property owner to the quiet enjoyment of same. The public waterways remain public. Public access to public waterways should be through public property, not through some poor schumck's family barbecue on the 4th of July.

It may even develp that the ruling means the adjoining property owners own the land on the bottom when there is high water, but that doesn't restrict navigation above MLW. That's *exactly* the way it has been in Washington for years. Our shorelines beyond MHW are owned by the State DNR, and if an adjoining property owner wants to build a dock,drive a piling, etc, they have to lease the *bottom* from the DNR. It probably gets sticky whether you are going to be allowed to extract resources from the private property- fishing may be a grey area and I'll bet you couldn't even begin to dig for clams- but you should be able to cross over the privately owned bottom land when there is sufficient water depth to do so.

I'm somewhat familiar with these issues. Several years ago I was Chairman of the Board of one of our local yacht clubs, and we got involved in a waterfront property boundary dispute with a neighbor. Among other things, he wanted to insist that club boats, when underway, had to remain on one half of a common channel that separated our outstation dock from his marina. He had no case. Yes, he owned the upland property and was leasing the property beyond MHW from the DNR, but he could not prevent boaters from passing *over* his property when there was sufficient water to do so. (He did have the right to prevent people from anchoring, tieing up to one of his docks, etc.)

Much ado about very little, I think, and certainly not a valid reason to blame the politicians from one party or the other.

Chuck
Sep 16
Roberts had to recuse himself from the case involving eminent domain, because he was the judge who originally ruled for the guy trying to keep his home. Had he heard the case, the outcome would have been different.

BTW--47% of active Federal judges were appointed by Clinton.

NOYB
Sep 16
Much of this subject is the reason why ocean water "dockominium" ownership isn't really about "owning" a slip. In every case I know of, including ours, the "purchase" of a dockominium is really a long term, transferable lease. In our case it is 99 years. In fact, MA banned all future dockominiums back in the '90s but grandfathered the existing ones. The claim is that you cannot "own" part of the ocean, but you can lease it's space.

Eisboch

Eisboch
Sep 16
considered thoughts to the readers of rec.boats:

>BTW--47% of active Federal judges were appointed by Clinton.

Interesting. Any citation?

Gene
Sep 16
You are correct as it indeed looks like GWB has a lot of catching up to do to beat Clintons numbers. ;-)
Sep 16
Clinton appointed 341 federal judges.

http://tinyurl.com/382dq

Following data as of October, 2004:

Of the 849 total active federal judges, 201 have been appointed by the current president, and 262 were appointed by former Republican presidents going back to Nixon. In total, 55 percent are Republican appointees. The remaining 45 percent were appointed by Democratic presidents stretching back to Lyndon Johnson.

http://www.grist.org/news/muck/2004/10/14/little-judges/

ACP
Sep 16
Wrong.

If a guy is going to barge in and stink up the NG with politics, it might be a good idea to actually check facts rather than just blindly regurgitate Rush Limbaugh's daily distortion.

It would be interesting to know how many of the judges are boaters. That would be more important than whether they were appointed by a democrat or a republican president. A judge that is a boater is more likely to actually understand and appreciate some of the issues that may come before his/her court relating to boating, the marine environment, etc.

More boaters on the bench! :-)

Chuck
Sep 17
   

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