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Old 12-15-2012, 11:04 AM
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Pookie Pookie is offline
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Quote:
Originally Posted by Saltwaterwalt View Post
Kentucky is having this same issue. A Game Warden buddy of mine sent me
this link http://surfky.com/index.php/communit...ocal-economies

Don't know about the rest of you but I make several trips a year to Ky Dam, one of the best fisheries ever. But it does seem a local judge does have some pull against the corp if enough of us folks let them know that we the people do not want this.

The article has a link for a petition, I've printed it out and will fill it and send it. I urge all of you to do the same, whether you fish Ky Dam or not. If one judge can stop the corp, that means other judges could follow suit.
I don't mean to rain on your parade, but the Corps has already stated that your signature on a petition means absolutely nothing. It is already determined that this is not a security issue. It is further determined that this is not a trespass issue as they will continue to maintain areas for parking and bank fishing.

Waterways are a natural resource belonging to the taxpayers. Unless this is a harvest management issue similar to sanctuaries for migrating waterfowl, I'm not too certain they have the authority that they are assuming. This matter is similar to fishing around a private boat dock: as long as you stay in the boat, the landowner can't run you off. In a similar manner, as long as you don't tie off to their dam, I am not convinced they have the authority to run you off.

One thing is for certain, making this rule and placing it into effect are two separate issues. Before the dust settles, I foresee this matter tied up in Federal Court for years before it is implemented. The legal staff for COE has already rubber stamped the matter, but somewhere, somebody will think the way I do and file an injunction followed by a lengthy lawsuit to prevent this.

Rather than sign useless petitions, stage meaningless demonstrations, or waste time and ink writing Congressmen, we should be thinking along the lines of a class-action lawsuit. There will not be any monetary gain for anyone, and whoever the attorney who initiates the suit will be paid by the COE, should they be successful. In any event, I foresee this being tied up in court for a long while. The wheels of justice turn slowly. In this instance, it will work in our favor.

Edited to add: This is not a judge per se. A county judge is a mayoral position rather than a judiciary position. Kentucky has remained in the 20th century and not updated the office title to County Executive or County Mayor yet.

Last edited by Pookie; 12-15-2012 at 11:15 AM.
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