Vermilion Corp. v. Vaughn - 356 So. 2d 551 (La. Ct. App. 1978)

Rule:

Under state and federal law a canal on private property constructed and maintained with private funds for private purposes is a private canal, the use of which can be restricted by the landowner or his assigns.

Facts:

Appellee company constructed navigable canals on its property with private funds in order to be able to traverse its vast acreage. The canals were under continuous control, possession, and supervision by the company. In order to control access to the canals, the company posted over 400 "No Trespassing" signs in various locations. Despite the posted signs, the appellant fishermen continued to enter the property and travel the waterways in order to engage in commercial fishing and shrimping activities. After the fishermen ignored written warnings by the company to remain off the waterways, the company filed an action seeking to enjoin the fishermen from using the waterways. The district court granted the appellee company an injunction against the fishermen, enjoining them from trespassing on navigable canals that were on the company's private property and constructed and maintained with private funds. The appellant fishermen argued that it was error to grant summary judgment to the company.

Issue:

Under the circumstances, was it error to grant summary judgment to the company? 

Answer:

No.

Conclusion:

The court affirmed the judgment enjoining the fishermen from use of such waterways. Specifically, the court found that the canals located on the company's private property, which were constructed and maintained with private funds and used for private purposes, were private canals subject to the company's private control. As such, the fishermen were properly enjoined from using the waterways without the company's permission.