Definition of the Public
Trust Doctrine (1 of 3)
The Problem
How do you strike a balance between public and private uses of navigable
waters and their shores?
A boat mooring is placed on a shellfish bed...
A tidal pond is fenced off to exclude fishermen...
A waterfront property owner claims the extension of his property by the
placement of dredged sand on a beach and posts “No Trespassing”
signs...
A state attempts to condition the redevelopment of an industrial waterfront
on public access being provided...
With the increasing population along the waterfront and competition among
uses, the above are just a few of the many problems states encounter regarding
navigable waters and their shores.
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