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In the US, Public Trust Positions can either be moderate-risk or high-risk. [ 21 ] [ 22 ] Depending on the federal agency involved, individuals found unsuitable may be able to appeal that decision. [ 23 ]
Despite the common misconception, a public trust position is not a security clearance, and is not the same as the confidential designation. Certain positions which require access to sensitive information, but not information which is classified, must obtain this designation through a background check.
In Oregon, a 1967 "Beach Bill" affirmed the state's public trust doctrine, and the right of the public to have access to the seashore virtually everywhere between the low and high tide marks. In California the situation is more complicated: private landowners often try to block traditional public beach access, which can result in protracted ...
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The public trustee is an office established pursuant to national (and, if applicable, state or territory) statute, to act as a trustee, usually when a sum is required to be deposited as security by legislation, if courts remove another trustee, or for estates if either no executor is named by will or the testator elects to name the public trustee.
Though Illinois Central is frequently cited as the source for American public trust law, it was several decades before, in Martin v. Waddell’s Lessee, that the Supreme Court ratified the public trust doctrine. [2] Still, Illinois Central has been referred to as "the Lodestar in American Public Trust Law". [2]
Conflicts of interest can severely undercut public trust, however. In Belvue, a city of about 180 in Pottawatomie County, Kansas, Kimberly Fitzgerald worked as the clerk while her father, Leroy ...
Private and public trusts: A private trust has one or more particular individuals as its beneficiary. By contrast, a public trust (also called a charitable trust) has some charitable end as its beneficiary. To qualify as a charitable trust, the trust must have as its object certain purposes such as alleviating poverty, providing education ...