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View Diary: Gun-totin' property owner kills a guy trying to defend his cousin, who urinated on a gravel bar (374 comments)

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  •  The Public Trust doctrine (2+ / 0-)
    Recommended by:
    LilithGardener, Praxical

    governs coastlines, lakes and navigable waters.  

     From Rivers and the Public Trust Doctrine:

    What are the origins of public ownership of rivers, and public rights to use rivers? The U.S. Supreme Court has held that rivers have been public since ancient times, in all civilized societies. Classical Roman law held that “running water” is “common to mankind.” It held that “all rivers and ports are public, hence the right of fishing in a port, or in rivers, is common to all men.” It held that this is one of the “Laws of Nature,” which are “established by divine providence,” and which “remain forever fixed and immutable.” It recognized public rights to use the banks as well as the surface of the water, on non-navigable as well as navigable rivers. This was based in turn on the laws of Greece and other ancient civilizations.
    (my bold)

    Urinating on a gravel bar certainly under the definition of this most ancient doctrine would have been on public land.

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