tag:blogger.com,1999:blog-7875069982976812251.post3313779441053883863..comments2023-10-17T04:51:08.765-10:00Comments on KauaiEclectic: Musings: Gathering RightsJoan Conrowhttp://www.blogger.com/profile/00172330100788007499noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-7875069982976812251.post-24745313881857416762009-05-11T18:01:00.000-10:002009-05-11T18:01:00.000-10:00oh brother. spare me.oh brother. spare me.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-55942112144416881682009-05-11T06:48:00.000-10:002009-05-11T06:48:00.000-10:00"The new folks say "No.""
Ah the mythmaking of th..."The new folks say "No.""<br /><br />Ah the mythmaking of the american left. Making up facts to support fascist, state control doctrine.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-46938422833088013022009-05-10T06:26:00.000-10:002009-05-10T06:26:00.000-10:00Yes, it has changed. The new folks say "No."Yes, it has changed. The new folks say "No."Katyhttps://www.blogger.com/profile/09145011324294730195noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-13871077514396083032009-05-09T09:59:00.000-10:002009-05-09T09:59:00.000-10:00Hunting out west has always been a matter of going...Hunting out west has always been a matter of going to the land owner and asking permission. If you didn't you were trespassing. Nothing has changed in Montana in that regard.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-54697823559652564972009-05-08T07:53:00.000-10:002009-05-08T07:53:00.000-10:00Whether or not the law is on the side of your frie...Whether or not the law is on the side of your friend, it's hard to argue that ethics aren't.<br /><br />We all have a role to play in putting social pressure on people who engage in unethical behavior, like the guy who told your friend to get lost. <br /><br />A new "social norm" is establishing itself on the North Shore (and elsewhere in Hawai'i and around the world) that threatens people's access to fishing and even just living. The same thing is happening in Montana where people have always exercised the ability to fish and hunt, until rich people started buying up huge tracts of land and throwing up "private property" signs. This is the "private property" norm, and like it or not, our legal system supports it above all else. But as Woody Guthrie pointed out, every sign that says "No trespassing" on one side has another side that doesn't say anything. As he said "that side was made for you and me." <br /><br />In other words, instead of expecting some legal remedy to fix this, I hope we collectively take responsibility for pressuring people like this guy to just relax and let people fish from the stream. It doesn't hurt us to share. He was supposed to have learned that in the sandbox as a tot. <br /><br />Maybe it's as simple as that.Katyhttps://www.blogger.com/profile/09145011324294730195noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-3213629405542373242009-05-08T06:54:00.000-10:002009-05-08T06:54:00.000-10:00The public trust doctrine recognizes that the stat...The public trust doctrine recognizes that the state holds public trust lands "in trust for the people of the State" so they may use them <STRONG>"freed from the obstruction or interference of private parties." In Re Waiahole Ditch Combined Contested Case Hearing,</STRONG> 94 Haw. 97, 136 (2000) (quoting <STRONG>Illinois Central R.R. Co. v. Illinois,</STRONG> 146 U.S. 387, 452 (1892)) (emphasis in original). The trust "requires the government of the State <STRONG>to preserve such [land] for the use of the public." Id.</STRONG> (emphasis in original).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-12774008314026913192009-05-07T21:09:00.000-10:002009-05-07T21:09:00.000-10:00Is there any legal advice resource on the island t...Is there any legal advice resource on the island that could counsel him on how to deal with this situation?Dawsonnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-68433178314815984222009-05-07T20:55:00.000-10:002009-05-07T20:55:00.000-10:00This Hawaiian man probably should have called the ...This Hawaiian man probably should have called the police himself or even let the jackass make the call. Itʻs an insult to have to stop fishing but at least it would be on the record. And let the exposure begin; flush out these creeps.<br /><br />Next time he tells the cops, which Iʻm sure they know, it is his right to fish and that he wants to file a harassment complaint. The guy (property ʻownerʻ) was trespassing on and impeding the Hawaiianʻs livelihood.<br /><br />He canʻt own the river - Parx is right.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-78193717436704026942009-05-07T12:26:00.000-10:002009-05-07T12:26:00.000-10:00"How come, after living here for 30 years, that gu..."How come, after living here for 30 years, that guy hasn't developed any cultural sensitivity, caught on to the concept of aloha?"<br /><br />That guy was acting out classic cultural racism, a mindset that precludes sensitivity and blocks empathy. You see the same behavior in the border towns surrounding every Indian res in the country. Ugly.Dawsonnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-35342235800332226752009-05-07T11:04:00.000-10:002009-05-07T11:04:00.000-10:00My understanding is that all perennial streams- al...My understanding is that all perennial streams- along with the land 10 feet on either side- are state property, just like beaches. Unless that’s changed I don’t think anyone can “own” a stream. Although access may be tricky, as long as the stream is accessed legally anyone (not just those with PASH rights) can be within 10 feet of a stream anywhere in the state.Andy Parxhttps://www.blogger.com/profile/15398587036690312685noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-24505110128231735622009-05-07T10:12:00.000-10:002009-05-07T10:12:00.000-10:00ya further review of the facts, property topograph...ya further review of the facts, property topography, lot structure, how often the guy really has been robbed (if at all), etc would shed some light on this<br /><br />disenfranchised young folks are not good, agreed<br /><br />unless the old guy really has been repeatedly robbed, hes prob just kind of a jerk (or paranoid)Anonymousnoreply@blogger.com