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The Reach of the Public
Trust Doctrine (2 of 4)
Navigable Waters (Continued)
State Definition
- Navigable Tidewaters
All states regard tidewaters as navigable waters regardless of whether the
waters are actually navigable. All lands beneath or subject to the ebb and
flow of tidewaters are subject to the Public Trust.
States own these lands in trust for the public. The exception is in those
Atlantic states where private ownership extends from the upland to the
low water mark. You will recall from Module 1, however, that even in these
states the private land is subject to a public easement for recognized
Public Trust uses.
- Navigable Freshwaters
States apply different measures to determine whether freshwaters are navigable.
States also vary as to whether lands beneath navigable freshwaters are in
public ownership. But regardless of ownership, navigable freshwaters and
the lands beneath are subject to a public easement for recognized Public
Trust purposes.
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