State Ex Rel. Guste v. Two O'Clock Bayou Land
365 So. 2d 1174 (1979)
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Rule of Law:
A body of water is legally navigable if it is navigable in fact, meaning it is suitable for commerce by its depth, width, and location. Past commercial use is evidence of navigability, and this status is not lost due to man-made obstructions or a lack of current commercial traffic.
Facts:
- Two O'clock Bayou Land Company, Inc. owns property through which a waterway known as Two O'clock Bayou runs in St. Landry Parish, Louisiana.
- Creighton James Nall, a lessee of the land company, placed a cable across the bayou to control public access.
- Historically, the bayou was used for commerce, including floating logs to a sawmill and for commercial fishing operations.
- Numerous individuals testified to using the bayou for recreational and sport fishing for decades, some in boats with drafts up to two feet.
- A motion picture company once operated barges measuring approximately 12 feet wide and 20 feet long on the bayou for filming.
- Over the years, the bayou has been altered by man-made obstructions, including dams and a railroad trestle, and contains natural obstacles like tree stumps, but a navigable channel remains.
- Testimony indicated the bayou has a shallowest depth of about three feet at low water, an average depth of nine feet, and a width of 18 to 30 feet.
Procedural Posture:
- The State of Louisiana and the Parish of St. Landry sued Two O'clock Bayou Land Company, Inc. and its lessee, Creighton James Nall, in a Louisiana state trial court.
- The plaintiffs sought a permanent injunction to remove a cable obstructing Two O'clock Bayou and a declaratory judgment that the bayou is navigable.
- The trial court found the bayou to be navigable and granted the permanent injunction.
- The defendants, Two O'clock Bayou Land Company, Inc. and Nall, appealed the trial court's judgment to the Court of Appeal of Louisiana, Third Circuit.
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Issue:
Is Two O'clock Bayou a navigable waterway subject to public use, thereby making its obstruction by a private landowner unlawful?
Opinions:
Majority - Watson, Judge
Yes. A body of water is deemed navigable in law when it is navigable in fact, and its obstruction can be enjoined. The determination of navigability in fact hinges on whether the waterway, by its depth, width, and location, is suitable for commerce. The court found that Two O'clock Bayou meets this standard, pointing to substantial evidence of past commercial use, such as logging operations and commercial fishing. The court reasoned that a lack of current commercial traffic does not preclude a finding of navigability, nor do man-made obstructions like dams or bridges alter a stream's navigable character. Therefore, the trial court's factual conclusion that the bayou is navigable was not manifestly erroneous and its obstruction is unlawful.
Analysis:
This case reinforces the 'navigability in fact' doctrine in Louisiana, emphasizing that a waterway's legal status is tied to its historical and potential capacity for commerce, not its present condition. The decision clarifies that landowners cannot privatize or obstruct a waterway that has served as a channel for commerce, even if it has fallen into disuse or been partially blocked. This precedent protects public access to numerous smaller waterways and streams, preventing their enclosure by private interests and preserving them as public servitudes.
