That whole seaplane basin thing happened just before I purchased a boat moored there..
As it turns out, at the time, It was discovered that the County of Hillsborough owned the land under the water as the basin once was a seaplane basin for real. Tampa and the County have never spoken the same brand of American.. lmao... The seaplane basin is at the bottom of the island and shares its anchorage with the Davis Island Yacht Club. The speculation, at the time, was that the club wanted the basin for mooring its overflow.. One of the problems with the seaplane basin was the derelict boats..one would go to bed at night... and wake up and there would be a new boat anchored in the night... abadoned.. there were not facilities for those living aboard, no toilets or showers ... and so on... the basin is next to and below Knight Airport.. On Tue, Sep 30, 2008 at 10:20 PM, Ken James <[EMAIL PROTECTED]> wrote: > > > > > > > I neither wrote nor implied it was. The Law of the Sea is rather > > complicated but included therein is the right, if I remember correctly, > > of innocent passage that allows transit within defined borders to > > friendly vessels. There is no law I'm aware of that grants the right > > *to live where one is not wanted*. > > There IS an international treaty and laws that > follow that say a boat "in navigation" also has > the right to anchor. > > > 1. The US Code of Federal Regulations, Corpus Juris Segunchun states that > the common right of the > > public to use navigable water for navigation is superior to other rights > in the water, and it not confined to the > > main channel, but extends over the entire surface of the water, from > shore to shore, subject only to natural. > > obstructions and lawful artificial obstructions and that the public may > exercise tea right of navigation in a > > reasonable manner for either business or pleasure and in either large or > small watercraft. It includes the > > incidental rights of anchorage and mooring. > > > > 2. Federal Maritime Law, Chapter IX. entitled, The Sea and > Jurisdiction over Federal waters Section > > 141, entitled, "The Sea, the Primary Maritime Local, Navigational Waters" > pg 9-11, states that Navigable inland > > rivers and lakes susceptible of use as highways of interstate and > international commerce are within the > > admiralty and maritime jurisdiction." Federal waters are defined as: "All > tidal waters including the rivers, > > canals and lakes that interconnect," which include the inland waters that > are accesisble to the Sea. > > > > 3. US Code Annotated states that riparian owner having qualified > title to submerged soil is entiltled > > to no preference over the public generally with respect to use of > navigable waters, whether for navigation, > > business, or pleasure. > > > > 4 The U.S. Constitution, Article VI. reads: This Constitution and > the Laws of the U.S. which shall be > > made in pursuance thereof; and all Treaties made, or which shalt he made > under the Authority of the U.S. > > shall be the supreme law of the land; and the Judges in every State shall > be bound thereby, any Thing In the > > Constitution or Laws of any State to the Contrary notwithstanding. > > Article IV, (Bill Of Rights, July 21 1868) states that No state > shall make or enforce any law which > > shall abridge the privileges or immunities of citizens of the U.S. > > > And then from a "Cruising World" Magazine special > report; > > > > In December 2001, the city of Tampa decided to clean up > an > > area known as Davis Islands Seaplane Basin. Andy > Bartley, who > > runs a one-man landscaping company in the city, found a > letter > > on his boat informing him that he had 60 days to remove > his > > boat or it would be impounded by the city. The letter > asserted > > that his boat and others were anchored there without a > permit, > > yet when he called to obtain a permit, he was told that > > permits didn't exist. > > > > "You're telling me that I'm here illegally without a > permit, > > but there are no permits," he said. "It was a > Catch-22." > > > > > > Bulldozer Politics > > The city of Tampa then said that the boats must be > moved > > because the owners were dumping sewage into the water, > which > > is already prohibited by state law. "Governments don't > remove > > splinters with tweezers," Bartley said. "They use a > > bulldozer." > > > > Bartley and some other boat owners decided to conduct a > little > > research. After doing a title search, they found that > the city > > didn't own or lease the submerged land in question. He > > convinced about 20 owners to chip in $6,000, and hiring > > land-use attorneys, they were able to defeat the city > in > > court. Even though Bartley wound up buying a boat that > had a > > slip in a marina, he said he has no regrets. "I'm just > real > > proud of our group because we stood up for our rights > and > > showed the city that we weren't going to let them walk > all > > over us," he said. > > > > According to Ankersen, the main question is this: How > long > > does a boat have to be anchored before its owners are > no > > longer exercising the rights of navigation? "Any > timeline you > > put on that is arbitrary," he said. "While the > 'exercise of > > the rights of navigation' hasn't been defined > judicially or > > statutorily, the Florida attorney general has stated > that the > > right of navigation includes the right to anchor and > moor. > > However, the attorney general noted that such a right > doesn't > > include the right to anchor indefinitely." > > > > Invariably, when a boat owner is defending his right to > > anchor, whether it be to a city council, a policeman, > or a > > harbormaster, he or she will argue that anchoring is > included > > within the right to navigate, which is protected by > federal > > maritime law. Ankersen's report examined several such > cases > > and concluded, "Local regulation is not pre-empted by > federal > > law." But he does believe that cruisers stand a chance > of > > overturning a city's anchoring ordinance because of the > > wording of Florida Statute 327.6. Since the only cases > testing > > the validity of cities' anchoring ordinances have been > in > > county courts, there's not a clear standard for cities > or > > owners to measure themselves against. "Until a case > like this > > is challenged in an appeals court, we won't have a > legal > > precedent for how long the right to navigate lasts," he > said. > > > > > Melborn does not own the water regardless of what > they or others think. > If such policies stand it is the proverbial > camel's nose, except we've gone far past that now. > > > > > > > > I have every intention of moving aboard and living overseas. > > > I like to cruise and see many different countries, > however, the US is MY country and I hate to see > our freedoms dwindle. And they are. -Ken > > _______________________________________________ > Liveaboard mailing list > [email protected] > To adjust your membership settings over the web > http://www.liveaboardnow.org/mailman/listinfo/liveaboard > To subscribe send an email to [EMAIL PROTECTED] > > To unsubscribe send an email to [EMAIL PROTECTED] > The archives are at http://www.liveaboardnow.org/pipermail/liveaboard/ > > To search the archives > http://www.mail-archive.com/[email protected] > > The Mailman Users Guide can be found here > http://www.gnu.org/software/mailman/mailman-member/index.html > -- http://www.slideshare.net/jacko91/these-are-my-credentials/ http://fisherhouse.org/ http://www.specialops.org/ "We are the gaurdians of a great faith. When we believe that freedom offers the best chance of peace and prosperity for all, and our desire for peace cannot be seperated from our believe in liberty." Harry J. Truman
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