WWL>Topics>>4-23-14 12:10pm Garland: on landowners' rights

4-23-14 12:10pm Garland: on landowners' rights

Apr 23, 2014|

Garland talks about the rights of landowners whose property has been eroded and now lies underwater with attorney Warren Perrin and Tulane law professor Sally Richardson.

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Automatically Generated Transcript (may not be 100% accurate)

Almost -- to do the show -- on the breed National Security Agency news who's listening. And re little worried about it. In order do the show I have to admit that I -- weekly basis I've read. I'll usually zero publications. I'm reading appeal denied trying to get to ms. -- view on Ukraine. And a Cooper host it's it's it's a story about you -- the released people in you -- vermilion current. End the title is as Louisiana's coast disappears. So does the land owners money. And I read that in the Guillen pulled what works as of this is -- Europe and England. On interview we had web sites but a reader or an Al-Jazeera. And what I got into -- of the story is who act it's talking about Obama says that talent to be -- vermilion parish. And -- landowner protector I think bug -- him or in prayer. And it talks about here in the a couple of good for an scoring to root canal Lindy brown and talk about wetlands laws crucial laws and so forth and so and and then it gets to this sentence it's talking about. He had planned and I'm assuming at all and yeah Sandra you get sued the senate. And the Senate's. -- -- problems. Unique. To Louisiana. A lot of the state to claim the minerals found under it and they now have a go body of war. And -- says she -- -- bit of blue pitcher for landowners and vermilion parish. And all over cultural regions of its say. Because the law means. That is more and more land six. Become submerged. Under the waters of the -- we talk about all the -- More and more and more money that once flow. From. Oil and gas drilling boiled it. To the bank accounts -- landowners. Now all grow directly. Into the state coffers. Shall follow me you're landowner -- in this correctly in south loop easier and and then through no fault Europe's sea level -- subsided for the -- -- -- -- goes on -- your rural and then. You'll know what little hope it. We're upwards of royal to use the play. So we said. I'm bound to be ms. -- and -- always saying in the show. Called -- because let's say you tell me world and -- what I've picked. Well I think what -- -- ahead in pursuing a -- for Detroit bullet. We got told a blow and -- current or maybe a new route to its Iraq. Attorney for the U. Gift cone tree and in the -- breath of Warren welcomed the show. Borger. -- those this mic and says similar reading the throw. Now they're actually correct it's been in the well lawful reason and essentially adopted in the police and social -- -- fine. And of course when the tone that adopted it a bit and tomorrow and dance. And the purpose of making -- bottoms and -- shores under the state. Was the reason that historically in navigation and maritime industry it was critical. To countries in the -- seventeen and 18% to. And so to ensure that both had access to all applicable and actual total bodies and -- -- very important. That was considered to be stable and as we adopted the so called in Louisiana. That war that changed as our party of civil law in Malaysia. So it isn't in my arrived within his name's Colin crayon. Yes quality is married to a typical year. And keep to the heartland. About a 150 years ago listed off them were in the same Sam. And used it for trapping and all grazing cattle in the wetlands. And so it's this particular -- that all that 250 acre -- that this. Came in and claimed forty acres to put some of it they claim is now on the border certain portions of the day making it. Stay quiet and so approximately one million dollars more in general accused of being claimed by straight from the capital program. Where we have met Muqtada Al -- did you say 240 acres. We ultimately own 252. Acres and a producing unit. Just recently trailed well. And and how much goes -- water at sometime during the. Well the State's claims forty acres the 256. This is on the water and air force. They claimed to land and the world. Do they claim the royalties for the polled 200 -- plus acres. Know all the support that they claimed some people forty should actually quarter. -- sometimes it's not on the -- depends on it time to potential but in the tendencies and but to go under the and it. Based specifically says that the high and -- and December of each year. So the -- and just be sure that owned by the state. And of course it's difficult to apply that at least you know wetlands which are flat and they're not like beaches and in the Mediterranean. And there are times when we don't cut down there it's on the board and there are times -- all of that you draw it just depends. Are very interest can say it would -- a bit longer. Aren't Olympic break your proof vote be loosening up. All -- new loan. Dead in some former players and that we general owned the water bottomed wants. Only in six but it or some hundreds never made the connection with the one football fuel that -- and for a war. And deceit coming in and saying you've got. X amount of acreage and sometime during the day or during the month during the year. It goes and water because the tidal action in the but it does we'd take orb or all the time we tape of royalties from. Of surprised by that. That part of that though. Thoughts comments Gibbs called 2601. Big celebrity to overeat anywhere in the country 86 dictated dollar and zero except. Don't forget to at 1240 and robbery oral -- him to give way after a jazz as tickets to view. It's about 170 dollar Bowden used so stable -- around while sporting will be doing just that. What would think about is so -- and learned in Alger hero. Web site. -- a video of the body and being helped and worked as a resent those courses Beers sold those who -- the other way and owners money. And it talks about a certain doom and called for a hand and a couple of his buddies and one of them is his lawyer. Or in current -- at least according to this story is is lower -- parent. Of borrow and -- Lip lips had to that a police say. Colon there's two and two. Five acres to victors goes and aborted due to tidal action. Do they have the war will choose to bad acreage year round. Or just when it's on water. Around. -- well. So. Just the threat. Of the live and going a hundred totally. Does the same thing is actually wondered occurs. Yes and in this particular case and -- -- your listeners should understand that this did not go to court. This is not an eminent domain or expropriation and by the state where they're claiming ties. Like you would say for highway or pipeline. Where there's an issue as to the values and it's negotiated the court determines it. This is simply taking by the state land or that they notified the company. That day. It's an opinion that this land. Registered in the house in the name of the took the took those are paying and have to contain property taxes. Over a hundred years but now the company installed by the state to check has to be sent to them represented in the forty -- Which there's about one million dollars or not. At that that is absolutely amazed and women did you see one million dollars -- -- one million -- Now. There was an issue very famous case late punt return is considered part of these states. So Atlanta it was only want to try to highway that more is what belongs to history. So if you have an erosion I don't care if you have a lot and -- house on -- part of China which as you -- one -- If you lose to every city that belongs to distinguish you know. And there and you can lose it correct me if I'm wrong simply by -- -- -- it's taking bad. More up at certain times of the year. That's correct now what is the very issue how we -- planning to bring -- hopefully if successful challenge. The cold of opensocial code indicates. Pitched through no actual. -- But we believe we can prove that there would -- activities. By private and public and state entities. That have precipitated the land lost a coastal ocean and therefore. We believe that it's not fair that the stake through its. Failure to protect the coast or perhaps it's do. Housing -- rows and such as issuing dredging permit its. In the last century which destroyed the burial islands. Which increased the tidal flow which precipitated. Recitation of the erosion. So we believe we go to a tortured. Finding the causes which are non natural. And therefore it's not fair that land should be taken complied at all. Who were playing taxes on it and all the revenues going to the state because despite interest it's when they bring in a trial. They'll get to talk about it unless there's oil is being produced. I thought I knew everything about who's -- this pretty amazing to me let's go to what captain George Rick's going to. Captain Euro -- born -- -- I would go. I know your memory would do out there that urgent issue the court. And that's a lot to it took to do addition -- also and at what Bangkok. It as a carbon sequestration rights. They just passed the law in 2011. You land and -- this stage called project that's -- Articles restoration. -- You and the -- it's called. As she went straight there it's a project that spot should by all conducted by. But the CPR. Were you aware of that board. We UC sequestration. Is that win. Somebody like two major company come in and says. Obviously when -- -- in order to get from carbon routed through tax credits. It is a -- talking about with carbon sequestration. That's. Correct call suing you call of duty comes in rebuilds in the late and grooves since. So where -- is certainly share it -- the -- open to go out to beat the -- virtually your -- You know. Oh record because to -- registration project stay -- go. That. Adds that you'd you'd. War in right now there are -- groups close to pouncing. The governor is -- then. Deal Libyan authorities do and southeastern Louisiana Libyan authorities eased. The bill alluded to assume oil companies because of what you were talking about -- that from the -- that depicted our web blatant. How will that kind of thing keep you broke and suing -- No cassettes or dealing with the proper body private landowners and but we still believe in the philosophy of the shoot that. It's it's it boils down to a simple issue is who should terrible loss. It should be at this states or its action or inaction or private individuals and to me you know there's a national story on about -- rancher in Nevada. You know who lost his case. And it's still -- the country can not believe that the government can take part at least forcibly. The people of other property but it arcade. It is our property -- technologies -- the state land office department right now and you lash them. -- is it true that day or casing is it planned and royalties from the tip of the and cable bill. Probably not to use it definitely and man will be able to confirm everything I'm telling you construct the ministers' discussions with them although this issue. And before a loser a more mature and understand that we're telling audience the proper way. Your client says and roared through the secret to over 200 rupiah -- -- she's been correcting collecting royalties for years and yours and yours and yours. And all of a sudden water at a certain time of the year. Rise of the Taj rise of the ago. Colleges and -- it goes away and wherever the water -- the state takes away his royalties for the Atlanta and. Collect the one that one area stated was that. It has not been producing for little on the -- was abroad and 2000 and well. All right so the -- all its interest do it when there's production. Loyalties. They never talked to them about owning the land before it is came -- kind. So -- win. Those demands is gonna decide to production unit who who's going to be played the luckiest. That's when the state jumped and the picture and says you're 250. Acres. We claimed forty. Well under the that the high water mark in December and therefore since we all the problems we also. Didn't. And oil company. Is paying the state -- about a million barrels a more. Or Jim Jim we call you get a lot of like -- moral and as some veterans in his field for reaching it is exactly what the -- Great talking to you I appreciate your time very much. Are more coming right back we're gonna talk to a channeling law propped up through and get her take -- as we heard the attorney. For the landowners and in the -- though apparently says he ground in the Astoria -- but apparently it's the typical family. So but the Smart and tell me will also come do you. Pick your comments and questions. But -- brigades but he immortal 53 yeah. Probably not the thing I should admit to isn't conservative. Solve conservative -- museum. But in order prepare for the show a couple of times both. I mean -- -- two week. Our breathed the Al-Jazeera web site. And most of the time minutes to check on things like you crave nursery when we do -- to shows try to give the middle east side over at least a different perspective. And I'm reading it a couple of them actually -- become overcome but I'm turn to page in this -- -- come to and again in a ball plates and on Al-Jazeera. Not. Local web sites about state whipped side it says. The Hedlund says. Canceled weeks and his co host disappears. Sorrows. Lou -- you know owners landowners. More -- basically what it says settled law is unique to be easier and apparently moved week we've got a pro mark. Our rich ancestors from ritual ball. Well stayed the clean the minerals found under in the nab a global body of war. The -- means it is morally and becomes number -- into the water Gulf of Mexico each year. More and more money that once bode well. Oil and gas through and companies. To the bank accounts of landowners. Now flows directly. Into this State's. -- And we Joe's book to what more Euro land owner. It's says he ran out in the real user story but I think it's the assembly of the said that they have -- I think he says it. -- a blend of 250 acres have been -- -- relations but of Greg's count Boehner. Raised crops and recently that are -- in the years to ago. There was oil well became mineral -- and and about 48 could they were making a million dollars. And about forty vehicles that that you said of that play and now -- -- under water. Four for a while. Once a year once today once a week and Susan did the state moved in and said okay that forty. Papers in his off hours even though it's partly around the water. Because it's did it come from nab a global body of water. And they took the million -- And apparently this is happening a lot of terrorist. So we. Keep looking for every legal saw that this is selling what is mark. OK so we think from calling -- and so -- Trojan. To -- the law professor. Is is this for real was this -- below warts. Well it somewhat accountable where I will make good. We. Is Louisiana. State. -- inning applicable natural water bodies. And that -- in the law even before world we've image in the union law that went. Between different -- that at all it in the long and a I would actually to Levy. Actually with the wall. Pretty English crown back before the American revolution. Did the English and -- -- under the title -- you -- back to the United States and the the English and any land under applicable water bodies. Doing this and the land but we called bed and aren't actually -- -- And we talk about the state of in his immediate ban everything about it and everything it included in the middle right it would be in need to aren't apple. -- natural about it. So -- me he says we'll get 200 templates acres. We got a forty acre. Locked area. That the -- taught otherwise comes in and then it goes way too in this state sees that. One -- -- we talk about -- the water bodies what you usually are talking about it when we did it. Within Apple's -- body is permanently over that and it. -- take your pocket and now it was reported on Al-Jazeera. The Kate -- entry in the land your hurry to. If it is a temporary -- if it truly is temporary. Would imagine actually not be considered the best of the natural ample water body. We finally they have been dead we usually means. Landed in big -- the ordinary watermark. It is true -- that the truly temporary. You know rising temporary resolution basically -- -- -- The world and he's not actually losing -- into the state but what you that it's very fair question Garland say. You're as. As we have more resolution. The dead of these natural -- water bodies will certainly it is. And coming it was formerly. Owned by a private land tanner. Who will eventually. If it eventually become the -- of -- now applicable water body that will absolutely become and by the state. All right got 2000 more questions were you born -- take a break morgue bodies to arguably some reports. All right. The bird tickets or to jail house press we're going to be given the way you'd -- starting today and ending next Friday. April 20. If you're more aware repaired tickets with a pair -- its huge office pick a phone call. 260 -- W idea and or terms until 9467. Right now is pure color number -- you win. -- ticket value -- 170 books suggest. Congratulations. To a David. Reduce. She's human bird tickets -- has been as -- go -- it's a big bucks and Oprah did get heard over a bureau regroup figure who paid for noble would win. We randomly. Select and -- you blenders midnight on Thursday April 12 report. After posting from all -- at W yeah. Forget about it introducing -- -- places -- zero web site. Hedlund says there's a Louisiana Cruces spears sewed those who -- -- and his two land owners money. And we just talked to border Portland rose who's basically. They have the land. Water moves in intermittently. By a title global. And the state comes at it and says actually now. That all the gifts -- dollars million books tomorrow that they took. We're we're trying to figure out how this affects the the big picture in the region of grip. Sell it retreats and with a suing wal proposed. Selling in that article and sure you read it it's. So little land owners believed that this law. Creates a disincentive for a bit of state government -- to carry anything about -- shall there is there. Do repaired or maintained -- web Clinton's. Because. The state that is always the you know Monday. Gets more money is the land washes away in the validity to that that -- Well certainly as morally and severe it is. If there is dark girls under and the state will reap the benefits because of the land becomes owned by the state. Of course it also have a downside for the state because of morally and to be rooted in our coastline is Angela and and what this state can claim that it ultimate -- also and his -- and then at some point. It would not necessarily the big state they have the coast of Louisiana -- Fifty miles in and -- the state would be pleasing indeed the mainland. On the expired state. In the industries let's bring -- -- liberalism Martin you've been all -- record while you still would as a preacher at call the PR. There aren't gonna -- -- thank you -- you calling her room with celebratory. Picked -- A manager of 20000 acres of property plots in in this. Part of the world and -- fifteen -- I think when it collapsed what war was talking about when you lose minerals -- talked about coastal land not. Interior stopped and I and the issue is from understand -- can probably confirm -- that. There was a meandering line between the federal and state land which -- -- set off -- Atlanta eroded. The federal and state land line slowly moved inward. And what some landowners did say hey. State your -- your minerals in the states and well a lot of moving we can't do anything about it however. Six or seven years ago or ten years ago the federal government and the state got together and accept that line at a certain point and has not moved. So that three -- has now become -- half of all former house of Bob Arnold. And the states reaping the benefits where. The landowner has been losing it. And I think it's more that issue -- is an interior Jewish land issue if our marsh. We do interior marsh and it's not near applicable waterway that is still our land that's still our Reynolds. So I think salad at from golf that -- years. -- onshore and offshore groups and. A live appreciate this statement. Yet if we have -- and yet this state and federal government has that the line and Serbia to the extent that the land. At issue are on the actual coast of the gulf then but stated continuing to reap the benefits. Story of viable peace -- say yeah. Often too lax in their no root canals and thereby there -- Anders. No the body of water bug the gulf is coming my way I still reap the benefits of boil again Sumitomo property. Well you agreed that. Benefits of the on your property but it is the is a natural apple water body. And that part of the landed actually in Wednesday the bed of the natural water bodies and other state. Mean general underneath that -- in our office. But it it is the goal itself considered the natural and have a gold bull body of water. Oh it would just beyond music canal ports in the near me it simply -- in the loss of the web. I don't think Garland you understand. How much blame is being eroded from the coast and just our property if it's a quarter mile. The battle and it's been lost and stated we're in the benefit so simple line it's set mail but what -- you know whether it's during -- -- -- The landowners saying hey this state and the federal government purple line watching at the state and landowners sample line I think that's the argument here. Hardware and postal I would love to get your back on the show and selling gold so we're gonna do more shows on -- little bit more complicated than I thought it was that -- big surprise a lot of people. Hopefully he'll get -- later date every day. And our governor bill would come and do the goal would -- scooter is sitting in -- Angela today. This is double -- bigger celebrity and -- 53.