[Paddlewise] the Right to Navigate

There have been several posts about the publics right to traverse 
navigable waters owned by private parties.  New York may have one of 
the better rules on this issue; last year the State's highest court 
ruled that the public trust right of navigation on streams 
that have traditionally been used for navigation may include the 
right to portage around rocks and obstructions.  The court also held 
that recreational navigation may establish the public navigability of 
a given water body.

New York also allows (infortunately) for the state to grant away the 
public's right of navigation.  Also, the right to navigate does not 
include the right to fish.  So be careful!

Please dont take this as legal advice.




Professor Karl S. Coplan
Pace Environmental Litigation Clinic, Inc.
78 North Broadway
White Plains, N.Y.  10603
kcoplan_at_genesis.law.pace.edu
(914) 422-4343
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