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The public trust doctrine is the principle that the sovereign holds in trust for ... "Fish Out of Water: The Public Trust Doctrine in a Constitutional Democracy ...
The leading case that established the public trust doctrine in the U.S. is the 1892 Supreme Court case Illinois Central Railroad v. Illinois.The Court held that public trust submerged lands belong to the respective States within which they are found, with the consequent right to use or dispose of any portion thereof, when that can be done without substantial impairment of the interest of the ...
The committee (and the National Audubon Society) sued LADWP in 1979, arguing that the diversions violated the public trust doctrine, which states that navigable bodies of water must be managed for the benefit of all people. [37] The litigation reached the California Supreme Court by 1983, which ruled in favor of the committee. [37]
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]
In 1984 in Montana Coalition for Stream Access, Inc. v. Curran, the Montana Supreme Court held that "under the public trust doctrine and the 1972 Montana Constitution, any surface waters that are capable of recreational use may be so used by the public without regard to streambed ownership or navigability for nonrecreational purposes."
The public trust doctrine, as discussed by the Court in this judgment was a part of the law of the land. The prior approval granted by the Government of India, Ministry of Environment and Forest and the lease-deed dated 11.04.1994 in favour of the Motel were quashed.
Navigable servitude is a doctrine in United States constitutional law that gives the federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article I, Section 8 of the constitution.
In the United States, each state holds the land submerged by navigable waters in trust for the public and can establish a public right to access or recreate within these public waterways. Again, this "water right" is not an individual right, but rather a public right and individual privilege which may include restrictions and limitations based ...