Coastal Services Center

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Arguing the Law (2 of 2)

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Public Trust Cases: Past vs. Present (Continued)

• Public Trust advocates invite adverse decisions when the Public Trust Doctrine is asserted in a manner that would lead to severe results.
• Judges must have leeway in balancing public and private rights.

Public Trust proponents should frame their arguments in a way that recognizes that Public Trust lands have had and will continue to have private uses. In addition, these proponents should place before the court a theory that provides alternative uses of trust lands that will have the least impact on private and public rights.