Examples of Navigational Servitude in a sentence
Section IA of this report, discussing the rights of navigation and the Federal Navigational Servitude.
The Government will not exercise its rights under the doctrine of Navigational Servitude.
Longstreth, Protecting ‘the Wastes of the Foreshore’: The Federal Navigational Servitude and its Origins in State Public Trust Doctrine, 102 COLUM.
The right to hunt was later included.28 In North Carolina, protected rights of the public in public trust waters include the right to navigate, swim, hunt, fish and enjoy all recreational activities in the watercourses of the State.29 The Federal Navigational Servitude Much like the public trust doctrine, the navigational servitude arose under the English common law.
The recommended plan will take place on federally managed lands and in areas under Navigational Servitude.
Navigational Servitude would therefore apply to those lands (required for this project) that fall below the ordinary high water mark.
Since some of the project lands are owned by the State of Mississippi below the MHWL (subject to Navigational Servitude).
AAPA seeks two changes resulting from the Corps 2017 policy revision: (1) return to cost sharing public utility relocations per the prior 1995 guidance, rather than all relocations; (2) delete the requirement for a letter from the governor, before the Corps will use Navigational Servitude to force owners to relocate these pipelines; and (3) revise the cost share depth from 45 to 50 feet, consistent with channel improvement and maintenance depths.
While the project is within the Federal navigation channel and in part, the Bubbly Creek Turning Basin, any Federal dredging or improvement projects that occurred in the project footprint were accomplished under Navigational Servitude which is not applicable to this Project.
Because the entire Project will be constructed and is located on the Elizabeth River and the Southern Branch of the Elizabeth River bottoms/bottomlands, Navigational Servitude will be exercised.