Public trust doctrine definition
Public trust doctrine means the common law doctrine, as enunciated by the court in National Audubon Society v. Superior Court (1983) 33 Cal.3d 419, and other relevant judicial decisions, specifying the state’s authority as sovereign to exercise a continuous supervision and control over the navigable waters of the state, the lands underlying those waters, and nonnavigable tributaries to navigable waters, including the maritime or water dependent commerce, navigation, and fisheries, and the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation.
Public trust doctrine means the common law doctrine, as
Public trust doctrine means a common law principle that recognizes that the public has particular inalienable rights to certain natural resources. These resources include, but are not limited to, tidal waterways, the underlying submerged lands and the shore waterward of the mean high water line, whether owned by a public, quasi-public or private entity. In the absence of a grant from the State, submerged lands under tidal waterways and the shore of tidal waterways waterward of the mean high water line are owned by the State. Regardless of the ownership of these resources, under the Public Trust Doctrine, the public has rights of access to and use of these resources, as well as a reasonable area of shoreline landward of the mean high water line.
More Definitions of Public trust doctrine
Public trust doctrine is the principle that the waters of the state are a public resource owned by and available to all citizens equally for the purposes of navigation, conducting commerce, fishing, recreation and similar uses and that this trust is not invalidated by private ownership of the underlying land. The doctrine limits public and private use of tidelands and other shorelands to protect the public’s right to use the waters of the state. The Public Trust Doctrine does not allow the public to trespass over privately owned uplands to access the tidelands. It does, however, protect public use of navigable water bodies below the ordinary high water mark. Protection of the trust is a duty of the State and the Shoreline Management Act is one of the primary means by which that duty is carried out. The doctrine requires a careful evaluation of the public interest by any action proposed. This requirement is fulfilled in major part by the planning and permitting requirements of the Shoreline Management Act.
Public trust doctrine means the body of common law that provides that public lands, waters, and living resources are held in trust by the government for the benefit of its citizens.
Public trust doctrine means a common law principle that recognizes that the public has particular inalienable rights to certain natural resources. These resources include, but are not limited to, tidal waterways, the underlying submerged lands and the shore waterward of the mean high water line, whether owned by a public, quasi-public or private entity. In the absence of a grant from the State, submerged lands under tidal waterways and the shore of tidal waterways waterward of the mean high water line are owned by the State. Regardless of the ownership of these resources, under the Public Trust Doctrine the public has rights for protection of, access to, and use of these resources, as well as a reasonable area of shoreline landward of the mean high water line. Under the Public Trust Doctrine, the State is the trustee of these publicly owned resources and public rights for the common benefit, protection, and use of all people without discrimination. As trustee, the State has a fiduciary obligation to ensure that its ownership, regulation and protection of these natural resources, properties and rights will safeguard them for the enjoyment of present and future generations. The public rights to use these resources extend both to traditional activities such as navigation and fishing, but also to recreational uses such as swimming, sunbathing, fishing, surfing, walking and boating. The specific rights and protections recognized under the Public Trust Doctrine, a common law
Public trust doctrine means a common law principle that recognizes that the public has particular inalienable rights to certain natural resources. [etc.] ” N.J.A.C. 7:7-1.3.
Public trust doctrine means a common law principle that recognizes that the
Public trust doctrine means a legal principle derived from English common law. The essence of the doctrine is that the waters of the state are a public resource owned by and available to all citizens equally for the purposes of navigation, conducting commerce, fishing, recreation and similar uses, and that this trust is not invalidated by private ownership of the underlying land. The doctrine limits public and private use of tidelands and other shorelands to protect the public’s right to use the waters of the state.