http://valawyersweekly.com/2011/08/15/ag-sidesteps-fray-in-fishermen-trespass-case/ VA Lawyers Weekly Fri, 24 May 2013 16:43:57 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://valawyersweekly.com/2011/08/15/ag-sidesteps-fray-in-fishermen-trespass-case/comment-page-1/#comment-30817 Robert Jefferson Thu, 18 Aug 2011 19:39:21 +0000 http://valawyersweekly.com/2011/08/15/ag-sidesteps-fray-in-fishermen-trespass-case/#comment-30817 The Public Trust is and should be something the AG defends but this has been a political crock for decades in this state, looks like Ken needs to grow a backbone. OUR Constitution should supercede a clause from the KIng. The courts have been as "unjust" as the politicians, ignoring Federal law and even the old English law they like to refer to. The U.S. Supreme Court has held that rivers have been public since ancient times, in all civilized societies. Classical Roman law held that “running water” is “common to mankind.” It held that “all rivers and ports are public, hence the right of fishing in a port, or in rivers, is common to all men.” It held that this is one of the “Laws of Nature,” which are “established by divine providence,” and which “remain forever fixed and immutable. These principles continued into the law of the emerging European nations. In England, some rivers and their banks were fenced off by the medieval Saxon and Norman kings, for private use by the kings and noblemen, but public rights to fish and boat were reaffirmed by Magna Charta in 1215. I think this trumps the Kings Grant theory. I hope the attorneys study a little history for this case, and if needed, get the Feds involved. Also, note that state courts and legislatures cannot establish their own more restrictive standards of navigability; they must abide by the national standards. If they say a particular river is not navigable for title purposes, but the river is physically navigable in fact, their opinion is not determinative. Brewer-Elliott Oil and Gas Company v. United States. Government agencies cannot sell or give away rivers to private ownership or control, because rivers are held “in trust” for the public under the Public Trust Doctrine. US Code Law. The Public Trust is and should be something the AG defends but this has been a political crock for decades in this state, looks like Ken needs to grow a backbone. OUR Constitution should supercede a clause from the KIng. The courts have been as “unjust” as the politicians, ignoring Federal law and even the old English law they like to refer to. The U.S. Supreme Court has held that rivers have been public since ancient times, in all civilized societies. Classical Roman law held that “running water” is “common to mankind.” It held that “all rivers and ports are public, hence the right of fishing in a port, or in rivers, is common to all men.” It held that this is one of the “Laws of Nature,” which are “established by divine providence,” and which “remain forever fixed and immutable. These principles continued into the law of the emerging European nations. In England, some rivers and their banks were fenced off by the medieval Saxon and Norman kings, for private use by the kings and noblemen, but public rights to fish and boat were reaffirmed by Magna Charta in 1215. I think this trumps the Kings Grant theory. I hope the attorneys study a little history for this case, and if needed, get the Feds involved. Also, note that state courts and legislatures cannot establish their own more restrictive standards of navigability; they must abide by the national standards. If they say a particular river is not navigable for title purposes, but the river is physically navigable in fact, their opinion is not determinative. Brewer-Elliott Oil and Gas Company v. United States. Government agencies cannot sell or give away rivers to private ownership or control, because rivers are held “in trust” for the public under the Public Trust Doctrine. US Code Law.

]]> http://valawyersweekly.com/2011/08/15/ag-sidesteps-fray-in-fishermen-trespass-case/comment-page-1/#comment-30814 Darryl B. Brewer Thu, 18 Aug 2011 00:50:24 +0000 http://valawyersweekly.com/2011/08/15/ag-sidesteps-fray-in-fishermen-trespass-case/#comment-30814 Did any VA fisherman really think that Cuccinelli would do the right thing? Guy is a snake in the grass......... Did any VA fisherman really think that Cuccinelli would do the right thing? Guy is a snake in the grass………

]]> http://valawyersweekly.com/2011/08/15/ag-sidesteps-fray-in-fishermen-trespass-case/comment-page-1/#comment-30813 Jon Cox Wed, 17 Aug 2011 18:21:25 +0000 http://valawyersweekly.com/2011/08/15/ag-sidesteps-fray-in-fishermen-trespass-case/#comment-30813 http://www.virginiariversdefensefund.org/?p=400 http://www.virginiariversdefensefund.org/?p=400

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