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View Diary: Hunting on Public Lands is Communism (91 comments)

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  •  Nope. Not true in all states. /nt (0+ / 0-)

    "Everybody wants to go to Heaven but nobody wants to die" --- Albert King

    by HarpboyAK on Fri May 25, 2012 at 08:16:31 PM PDT

    [ Parent ]

    •  ok, mostly in the East (0+ / 0-)

      The right to access tidal waters and shores is well established.
      Both access to and ownership of tidal wetlands and
      beaches is defined by the “Public Trust Doctrine”, which
      is part of the common law of all the mid-Atlantic states.
      According to the Public Trust Doctrine, navigable waters
      and the underlying lands were publicly owned at the time
      of statehood and remain so today.
      The Public Trust Doctrine is so well established that it often
      overrides specific governmental actions that seem to transfer
      ownership to private parties (Lazarus, 1986; Rose, 1986).
      Many courts have invalidated state actions that extinguished
      public ownership or access to the shore (Illinois Central R.R.
      v. Illinois; Arnold v. Mundy; see also Slade, 1990). Even
      if a land deed states that someone’s property extends into
      the water, the Public Trust Doctrine usually overrides that
      language and the public still owns the shore2. In those cases
      when government agencies do transfer ownership of coastal
      land to private owners, the public still has the right to access
      along the shore for fishing, hunting, and navigation, unless
      the state explicitly indicates
      an intent to extinguish the
      public trust (Lazarus, 1986;
      Slade, 1990)

      fact does not require fiction for balance (proudly a DFH)

      by mollyd on Sat May 26, 2012 at 10:38:37 AM PDT

      [ Parent ]

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