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PUBLIC HAS
RIGHT TO WALK ALONG GREAT
LAKES SHORES
The Michigan Supreme Court
ruled July 29, 2005 that walking
the Great Lakes shoreline in front of private
property is legal. This decision
reversed the Court of Appeals decision that granted property owners
sole ownership and use of the shore.
In their ruling in Glass v. Goeckel,
the right to walk the Great Lakes shores was
unanimously upheld under the public trust doctrine.
The public trust doctrine,
which dates back to the Romans, has long recognized that large bodies
of navigable water, including the Great Lakes, are natural
resources that belong to the public.
In addition, the Court recognized that under Michigan common law,
the state “has an obligation to protect and preserve the waters of the Great Lakes and the lands
beneath them for the public.”
While all the Justices agreed that the public is allowed to walk
along the shores, two Justices argued for limiting beach walking to the
water’s edge where the sand is wet. The remaining five held that the
public has the right to walk up to the ordinary high water mark, the
spot on the shore where continuous water action left a distinct
mark. In his dissenting opinion,
Justice Markman claimed the high water mark
standard was ambiguous and would result in more lawsuits.
This divergence of opinion and that inclusion that the
Legislature is free to regulate traditional public rights might have
left open the possibility for property right advocates that ardently
fought for the right to engage in beach grooming activities to push for
amendments to law that would further weaken state control of
bottomlands. While this decision
is certainly a victory, we must stay alert to ensure the state remains
a vigilant trustee of our Great Lakes shorelines
and protects them for the benefit of all.
DEVELOPERS
FOUND GUILTY OF DESTROYING WETLANDS
Two developers were recently found guilty of
destroying over 15 acres of wetlands in Bay County. Tom Kozak Sr. and Tom Kozak Jr. were
found guilty of draining surface water by placing drainage tile and
excavating a 1200 foot long drainage ditch. The two men failed to apply for a
permit in the development of a 26 acre site for a mobile home park
despite prior notification by the DEQ of the presence of regulated
wetlands and permitting requirements.
The DEQ is now developing a restoration plan to restore the
wetlands.
FIRST ANNUAL GREAT LAKES RESTORATION
CONFERENCE
The Future of the Lakes
is in Our Hands
September 8-9th, 2005 Amway Grand Plaza
Grand Rapids,
Michigan
The First Annual
Great Lakes Restoration Conference focuses on achieving new
partnerships and creating new understanding of the factors affecting
the Great
Lakes in order to better understand how we can keep this resource
for ourselves and our children's future economic, recreational and
ecological use.
For more
information, visit http://www.mucc.org/HOWGreatLakes.htm
Sponsored
by Healing Our Waterssm-Great Lakes Coalition
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