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.
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Public trust doctrine means the common law doctrine, as
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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.
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Examples of Public trust doctrine in a sentence

  • Public trust doctrine, it is well established, puts an implicit embargo on the right of the State to transfer public properties to private party if such transfer affects public interest.

  • Public trust doctrine generally holds that state governments possess title to navigable, non-tidal lakebeds in trust for the use of all people, at the expense of private ownership.

  • Potential options for law reform– Public Trust Doctrine– Public trust doctrine is CL principle, vesting trust-like duties in the Crown to protect public resources for the benefit of the public at large.– Powerful tool in usa– The public trust doctrine can be argued to exist under CEAA dedication clause– Sierra Club v.

  • Public trust doctrine is the principle that an inalienable interest exists in sovereign control of rivers, tidal areas below high water, and other navigable waterways for the benefit of the public as represented by the government.

  • Public trust doctrine has been defined consistently throughout the state’s history as well: there is no evidence of differing precedent in New Union courts.Even if the Congressional Act of 1803 granted title of the wetlands to Cornelius Lear, preserving it for eventual ownership by the Cordelia Lear, public trust inheres.

  • Public trust doctrine was first established under Roman law, the legal system which has served as the foundation for English law and subsequently American jurisprudence.

  • Public trust doctrine dates back to the time of Justinian and states that some resources, including navigable waterways, are set aside for public use and therefore cannot be publicly owned [Sax, 2000].

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  • Public trust doctrine has been extended to non-tidal navigable rivers and lakes in theUnited States since before 1803; as such, it was inherent in Lear’s title at the time of the grant.

  • Public trust doctrine: strengthening sovereign interest in tidal property.


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.
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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.
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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
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Public trust doctrine means a common law principle that recognizes that the
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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.
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Related to Public trust doctrine

  • Public Trustee means the public trustee within the meaning of the Public Trustee Act 1978.

  • Law enforcement agency means the same as that term is defined in Section 53-1-102.

  • Public agency means the state or any local subdivision thereof, or any state or local department, agency, board or commission.

  • Local education agency means: a public authority legally constituted by the state as an administrative agency to provide control of and direction for Kindergarten through Twelfth (12th) grade public educational institutions.

  • Multistate licensure privilege means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state.

  • Cooperating agency means any Federal agency other than a lead agency which has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal (or a reasonable alternative) for legislation or other major Federal action significantly affecting the quality of the human environment. The selection and responsibilities of a cooperating agency are described in Sec. 1501.6. A State or local agency of similar qualifications or, when the effects are on a reservation, an Indian Tribe, may by agreement with the lead agency become a cooperating agency.

  • Federal agency means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office.

  • Public assistance means Temporary Assistance for Needy Families (TANF); auxiliary grants to the aged, blind and disabled; medical assistance; energy assistance; food stamps; employment services; child care; and general relief.