WaterBoundaries - RIPARIAN BOUNDARIES The stretch of land...

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The stretch of land within 50 mile of the US coast …. “. .comprising less than one-fifth of the contiguous United States land area -- accounts for over one-half of the nation's population and housing supply." NOAA's National Ocean Service Source: http://wrc.iewatershed.com/index.php?pagename=education_coast_03 RIPARIAN BOUNDARIES
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Water Boundaries and the Public Trust Doctrine Basis for State Ownership (public trust doctrine) Tidal vs non-tidal waters Navigability Determining OHWL Role of Meander Lines Changes in Shoreline
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Source: www.csc.noaa.gov/mbwg/htm
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Public Trust Doctrine Based on English Common law Passed to state after independence (FL 1845) State acquired title to all sovereignty lands (exceptions) Obligation to preserve (in natural state) waters for use of the public Cannot transfer or relinquish control (except in public interest) Public interest = commerce, fishing, bathing, etc. (pg. 225) Title to land under navigable waters within the boundaries of the state which have not been alienated , including beaches below mean high water lines, is held by the state by virtue of its sovereignty in trust for all the people. Sale of such lands may be authorized by law, but only when in the public interest . Private uses of portions of such lands may be authorized by law, but only when not contrary to the public interest. [Article X, Section 11, FL Constitution]
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Definitions Rights adjoining water are given special attention because water is such an important resource, served as principal means of travel historically, and is dynamic. Riparian Owner: Owner whose land adjoins a water body Littoral Owner: Owner whose land adjoins tidewater or lakes Accretion: Imperceptible build-up of land by natural water processes (imperceptible = not noticeable by person on occasional visits) Reliction: Gradual and permanent drying up or withdrawal
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This note was uploaded on 07/08/2011 for the course SUR 4403 taught by Professor Staff during the Spring '08 term at University of Florida.

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WaterBoundaries - RIPARIAN BOUNDARIES The stretch of land...

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