Anchoring Rights - Page 5 - SailNet Community
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post #41 of 158 Old 12-15-2006
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Jeff-

In a lot of cases, this happens when it is more affordable to liveaboard than it is to buy a house or rent an apartment in the same area. They are looking at the boat as a form a cheap housing, more than they are as a form of conveyance. This is particularly true in areas where the weather and climate are such that it isn't a problem to be living aboard year-round, like Florida. I doubt you'll ever see anyone doing that up here in New England.

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post #42 of 158 Old 12-15-2006
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Squatters?

Boy am I gonna get it for this!!!!! Comparing a boat at anchor to a camper in a park is like comparing a an 80 year old grandmother trying to board a plane to her grandchildren on Christmas (It know I am not to use the word Christmas , we are to use holiday, I don't care!!) to a raghead terrorist. We are talking about maritime here. Like it or not a boat can anchor just about anywhere it pleases. As long as said boat is not in a marked channel etc. I am just to lazy to list all the regs. Water belongs to no one person. I kinda like it like that. That being said, Do I personally like some of those junk boats out there. Hell no, However it is their right. Did I like Larry Flint? Hell no but I am willing to stand up for his free speech rights, just as I would for a boat at anchor.
It is like Benjamin Franklin said. " With very freedom we give up for security. We lose both".

Fair Winds

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post #43 of 158 Old 12-15-2006
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"Like it or not a boat can anchor just about anywhere it pleases."

Unfortunately Dave...that is no longer US law when it comes to inland waters.
States and municipalities now have the ability to regulate their waters....with your favorite state leading the way! Fortunately the FL state legislature just recently limited the rights of individual towns to limit our anchoring privileges...but note that it is the STATE legislature that controls such things...not the feds or admiralty law. Here's the link with an easy to read description of the law and why you should now consider yourself a full-time cruiser rather than a liveaboard when in FLORIDA's waters.
http://www.ssca.org/anchorrights.pdf
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post #44 of 158 Old 12-15-2006
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Cam municipalities have overstepped

their legal abilities. I am active in boaters rights movements and am on several boards here in FL. What got me fired up was the Miami 72 hour anchoring law. The state of Florida has just reinforced Admiralty law, laws that still exists. The only reason laws set up by municipalities have been allowed to go unchallenged is no one person could afford to do so. We in Florida being one of the largest boating states put our foot down. We got the boat Mfg. and cruising orgs. to stand up to municipalities. There was really no need for a new law to be enacted, however the state decided to spell out what is already clear in Admiralty law.

That being said, there are still towns in Florida using illegal tactics to try and scare off boaters from their waters.
Please don't buy into the line that cities and states have your best interest in mind. It's the bucks my friend, not crappy boats. Who do you think a city will listen to. A guy with a 2 million dollar waterfront piece of property, ie taxpayer or that 1942 Mac. sitting in, what the property owner presumes to be his private view and back yard.


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post #45 of 158 Old 12-15-2006
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...Just a wild guess...but the guy who actually pays the majority of the taxes for that City, a percentage of which goes to supporting and/or cleaning up after the dirtbag boat?
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post #46 of 158 Old 12-15-2006
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Come on up here to Michigan...where the anchorings free, the tide doesn't exist, and in the winter one can walk on the water!
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post #47 of 158 Old 12-15-2006
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Here in Washington State the Dept of Natural resources is starting to crack down on mooring systems. The state's position is that although the water doesn't belong anyone, the mud on the bottom belongs to the state and that the state is obligated to collect a fee for it's use. It hasn't affected transient boaters that I'm aware of but it has had an impact on some liveaboards.
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post #48 of 158 Old 12-15-2006
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Dave... I'm with you in the fight and don't believe for one minute that ANY government unit has MY best interests at heart!! Nevertheless believe that it is settled law that the states do have some significant rights to control anchoring and living aboard within their inland waters... and this is a loss to boaters from the "old days" . Each state decides differently (GA for example does not permit full time live aboards at anchor or marinas!) and sometimes pressure from boating organizations/individuals actually results in an improvement to the a priori situation as with the FL legislature. Congrats!!
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post #49 of 158 Old 12-16-2006
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Wink Cam you are correct

about inland waters. I am referring to coastal, the inland rules are different as the state does own the land around the ponds. In Georgia coastal waters there are plenty liveabords, oops I mean "Long Term Cruisers" There is this guy In Folskton Georgia that bought some land, dug a pond and the only other structure on the property is a houseboat.

I got involved in our plight because we as boaters and and Long term cruisers are getting our rights stepped on by big buck taxpayers. I chose this lifestyle after being an electronic field engineer for more years than I can remember. I have been all over the world for short durations and decided to stop and smell the roses. The roses here in Florida began to stink. Enough was enough. With the help of the SSCA, numerous boat manufactures we presented Florida state politicians with something they understand. Bucks and how, if the current trend of municipalities making illegal laws regarding boats, would hurt the states economy. We won this battle but not the war. There are town here still trying to hassle boaters. Now we have lawyers that are ready to sue. (note the money part again).
The question was brought up about derelict boats and who's going to pay for them to be removed. I mentioned a 1946 Mac. I never said it was in bad shape, but the subject was brought up. We have to pay for it of course, just like we pay for abandoned cars and that ilk.
I am really surprised at some of the people here by the tone of their posts it sound like they are elitists. Just because we have boats doesn't mean we are rich. Cam and myself excluded . There are people that don't have allot of money living on boats because it is cheaper. They should not be stepped on. The only way we can succeed is to ban together and fight for our rights. (I sound like a union rep). I does work and we can slow this trend.
If you have paid big bucks for the million dollar view and pay taxes for it and can do it, Good for you, but don't come after me because I am smarter than you, cause I get it for free!!!!

Fair Winds and Merry Christmas (oops I did it again)

Cap'n Dave
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post #50 of 158 Old 12-16-2006
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Unfortunately, this isn't about right and wrong, fair or unfair, it's about politics.

John
Ontario 32 - Aria

Free, is the heart, that lives not, in fear.
Full, is the spirit, that thinks not, of falling.
True, is the soul, that hesitates not, to give.
Alive, is the one, that believes, in love.
JCP


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