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PUBLIC
TRUST IN OHIO
THREATENED BY COURT RULING
In
2005, the Michigan Supreme Court upheld the public's right to walk
the Great Lakes shoreline below the
ordinary high water mark. The Court held that walking along the shore
falls within the scope of 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.
As a result, the public trust doctrine serves to protect resources shared
in common by the public and the public rights of fishing, hunting,
and navigation for commerce or pleasure. This decision was a huge victory
for the citizens of Michigan. Ohio,
who also has experienced similar conflict over public access and property
rights along the Great Lakes shoreline, did not fare as well as Michigan.
Unfortunately for Ohioans, a judge recently limited the extent of the
public trust doctrine along Lake Erie’s
shoreline.
Lake
County Common Pleas Court Judge Eugene Lucci issued a decision that
defines the water’s edge to be the boundary for the public trust
doctrine along Lake Erie. According to the ruling, Ohio “has ownership in trust of the waters of Lake Erie and the land beneath those waters
landward as far as the water’s edge, but no farther.” By changing the boundary the public
trust doctrine from the ordinary high watermark to the water’s edge,
the ability for the state to protect and regulate coastal resources may
be severely hindered. The
ruling will also have a significant impact upon the fisherman,
hunters, and general public who wish to utilize the shoreline for
recreational activities.
Defining the boundary as the water’s edge is especially
problematic given the dynamic nature of the Great
Lakes shoreline that has water levels fluctuating
yearly, monthly, and even by day.
Hopefully, higher courts in Ohio
will see the error in the ruling and will reaffirm the public’s
interest in the shorelines of Lake Erie to ensure public access and
protection of these resources for the benefit of all.
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As the Holiday Season is upon us, we find ourselves
reflecting on the past year and on those who have helped
protect
our natural resources in a most significant way.
We would like to sincerely thank you for your continued
commitment to protecting Michigan’s
magnificent
wetlands and water resources.
In turn, we wish you the
special gifts of this holiday season.
The gift of joy.
The gift of peace.
The gift of happiness.
The gift of clean water.
The gift of healthy wetlands.
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