Bird Sanctuaries and Navigable Water

[marsh chicken]

I am a lawyer and I gave you an answer.

You didn't give him the answer he wanted...

[Hogg]

Bog,
The "free" part means navigable waters shall not be converted for private use unless the State or the Crown prior to the State conveyed to the bottom of the stream bed. "Free" does not mean the State has relinquished its right to enact laws and regulations under the police power.

[Rubberhead*]

Our public highway and interstate highway system is free to the citizens of the State (after tax). You cannot hunt on them or drive 135 mph.
It is called the "police power".

Use of the public highway isn't guaranteed by our state Constitution.

[Hogg]

With all due respect Rubberhead, that point is irrelevant. It is the police power that allows for the creation of sanctuaries. Navigable waters are free, but you can't use them to dump toxic waste off of a barge and you cannot drive watercraft at excessive speeds while intoxicated on them.

[Rubberhead*]

With all due respect Rubberhead, that point is irrelevant. It is the police power that allows for the creation of sanctuaries. Navigable waters are free, but you can't use them to dump toxic waste off of a barge and you cannot drive watercraft at excessive speeds while intoxicated on them.

I don't need due respect - I'm not a lawyer just a South Carolinian that jumped in this conversation late.

[Hogg]

You are too gracious. In my opinion, you do deserve respect because you are always very circumspect and thoughtful in your posts.

[duckmeat]

no speed limit on water.....just saying

[SBPep]

don't discount the fact that the refuges you mentioned are national wildlife refuges ie federal. supremacy clause dictates that federal laws and constitution trump conflicting state laws. i have not really looked into it at all but stands to reason that if the refuges were created by federal legislation and federal gov't procured these lands and they govern them then their rules trump sc case law and sc constitution