‘Recapturing Water for Sustainability Through Redefinitions of Navigability and Ownership’

Maureen Brady, Defining ‘Navigability’: Balancing State Court Flexibility and Private Rights in Waterways, 36 Cardozo Law Review 1415 (2015), available at SSRN. More than 86,000 square miles of inland waterways traverse and meander throughout the United States. Since ancient times, navigable waterways were not subject to private ownership, but were reserved to the public under the public trust doctrine. In contrast, non-navigable waterways could be privately owned. While riparian and littoral rights are firmly fixed in the common law, what has proven to be more fluid is the definition of ‘navigability’ … (more)

[Shelby D Green, JOTWELL, 19 February]

First posted 2016-02-20 07:02:54

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