Warner v. Clarke
232 So. 2d 99 (1970)
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Rule of Law:
The public servitude on the banks of navigable rivers is limited to uses incidental to navigation and commerce and does not create a general public right to hunt or fish on these privately-owned lands. Landowners may therefore post such lands against trespass and enforce criminal trespass statutes against unauthorized entry.
Facts:
- Jesse Warner and three other individuals held state hunting and fishing licenses.
- The lands in question are privately owned properties situated in East Carroll Parish between the Mississippi River and its levee.
- These lands, which contain navigable bodies of water, are rich with fish and game.
- The private landowners or their lessees had posted the vast majority of these lands against trespassing in accordance with state law.
- Warner and the other plaintiffs desired to enter these lands to hunt and fish.
- The Sheriff of East Carroll Parish arrested the plaintiffs for trespassing on these lands.
- The local district attorney threatened the plaintiffs with future prosecution for criminal trespass if they entered the lands again.
Procedural Posture:
- Jesse Warner and other individuals sued the District Attorney and Sheriff of East Carroll Parish in a Louisiana district court (trial court).
- The plaintiffs sought an injunction to prevent the defendants from prosecuting them for criminal trespass.
- The case was submitted to the trial court based on the pleadings and an agreed stipulation of facts.
- The trial court rendered judgment for the defendants, denying the plaintiffs' request for an injunction.
- The plaintiffs, as appellants, appealed the trial court's judgment to the Court of Appeal of Louisiana, Second Circuit.
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Issue:
Does the public servitude on the banks of navigable rivers under Louisiana Civil Code Article 455 grant the public a right to hunt and fish on adjacent, privately-owned lands, thereby creating an exemption from prosecution under the state's criminal trespass statute?
Opinions:
Majority - Judge Dixon
No. The public servitude on the banks of navigable rivers does not grant the public a right to hunt and fish on adjacent private lands and thus provides no immunity from criminal trespass laws. The court reasoned that to grant an injunction against criminal prosecution, the plaintiffs must demonstrate a threatened invasion of a property right. Here, the plaintiffs possess no such right. The servitude established by Civil Code Article 455, which permits public use of riverbanks for activities such as landing vessels and drying nets "and the like," must be narrowly construed. Citing precedent, the court held that this servitude exists 'only for that which is incident to the nature and the navigable character of the stream.' The court concluded that hunting and fishing are unrelated to the navigable character of the river and are therefore not included in the public servitude. Furthermore, the legislature's repeated enactment and amendment of the criminal trespass statute (R.S. 14:63) indicates a clear intent to protect such posted, privately-owned lands from unauthorized entry.
Analysis:
This decision significantly clarifies and narrows the scope of the public servitude on riparian lands in Louisiana. It establishes that the public's right is not for general recreation but is strictly tied to activities related to navigation and commerce. The ruling strengthens the property rights of landowners along navigable waterways, empowering them to prevent public recreational activities like hunting and fishing by posting their land. This precedent sets a clear boundary between public rights on the water and private rights on the adjacent land, influencing future disputes over access to Louisiana's extensive riverbanks.
