Ind. Sup. Ct. Decision on Equal Footing Doctrine and Public Trust Doctrine

joelhunter said:

In a decision released today, the Supreme Court held that the State of Indiana owns the bed of Lack Michigan within its boundaries up to the natural ordinary high water mark, and holds it in public trust for the use and enjoyment of the people. Riparian owners were arguing that they had been granted a deed which extended their rights to the waters edge, and the DNR argued that the state held the portion of the shore which extended to an administratively declared ordinary high water mark. My friend Jeff Hyman with the Conservation Law Center at Indiana University represented the intervening associations that argued for the greater right to the natural ordinary high water mark, and prevailed.

This is another domino falling in the right direction for public access rights to navigable water ways.

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Schaaf said:

Great news. I’ve often heard realtors make that same sales pitch in Montana.

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