Public Rights of Navigation

Hamm, Kenneth
June 2008
New York State Conservationist;Jun2008, Vol. 62 Issue 6, p19
The article deals with the history of public rights of navigation in line with the waterways in New York. New York courts held that navigation was actually a public right that was part of English common law. For more than 200 years New York courts have recognized that the public has a common law right to freely navigate on all freshwater waterways defined as "navigable-in-fact." The public right of navigation includes several incidental rights, such as portaging over private properly to avoid rapids, falls or obstructions.


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