Robert G. James
Encyclopedia
Robert Gillespie James is a United States District Court
judge, Western Division of Louisiana
, and was one of the judges involved in a 2006 water right
s legal case, Normal Parm v. Sheriff Mark Shumate.
In this case, on August 29, 2006, James has ruled against his own appointed Magistrate
Judge James D. Kirk
, who wrote that Federal law "...entitles the public to the reasonable use of navigable waters for all legitimate purposes of travel or transportation, for boating, sailing for pleasure, as well as for carrying persons or property for hire, and in any kind of watercraft the use of which is consistent with others also enjoying the right possessed in common." The result is that it is now considered criminal trespass for the American boating public to fish, or hunt above the ordinary high-water mark without riparian landowner permission. Strictly interpreting Federal law, James said that "the public has no 'right to fish and hunt on the Mississippi River.'" The original case was the result of the arrests of several anglers
who were fishing in Mississippi River floodwaters, which had covered the private property of the Walker Cottonwood Farm.
The case shows that the public trust rights associated with navigable waterways do not extend to "flooded" areas.
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
judge, Western Division of Louisiana
United States District Court for the Western District of Louisiana
The United States District Court for the Western District of Louisiana is a United States federal court with jurisdiction over approximately two thirds of the state of Louisiana, with courts in Alexandria, Lafayette, Lake Charles, Monroe and Shreveport...
, and was one of the judges involved in a 2006 water right
Water right
Water right in water law refers to the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious...
s legal case, Normal Parm v. Sheriff Mark Shumate.
In this case, on August 29, 2006, James has ruled against his own appointed Magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
Judge James D. Kirk
James D. Kirk
James D. Kirk was appointed, by Robert G. James, full-time magistrate judge in 1997 and was involved in the 2006 water rights battles.-References:* *...
, who wrote that Federal law "...entitles the public to the reasonable use of navigable waters for all legitimate purposes of travel or transportation, for boating, sailing for pleasure, as well as for carrying persons or property for hire, and in any kind of watercraft the use of which is consistent with others also enjoying the right possessed in common." The result is that it is now considered criminal trespass for the American boating public to fish, or hunt above the ordinary high-water mark without riparian landowner permission. Strictly interpreting Federal law, James said that "the public has no 'right to fish and hunt on the Mississippi River.'" The original case was the result of the arrests of several anglers
Angling
Angling is a method of fishing by means of an "angle" . The hook is usually attached to a fishing line and the line is often attached to a fishing rod. Fishing rods are usually fitted with a fishing reel that functions as a mechanism for storing, retrieving and paying out the line. The hook itself...
who were fishing in Mississippi River floodwaters, which had covered the private property of the Walker Cottonwood Farm.
The case shows that the public trust rights associated with navigable waterways do not extend to "flooded" areas.