Lake Huron Basin Update - U.S. Side
Public Trust Doctrine “Alive And Well” Says
Michigan Supreme Court In Beach - Walking Case
The Michigan Supreme Court tipped
its cap to beachcombers of the state
this summer by ruling that the public
has the right to walk along the shores
of Michigan’s Great Lakes up to the
“ordinary high water mark.” The case
of Glass v. Goeckel gained wide
attention across the state in recent months as it wound from
circuit court, where it started as a neighbor dispute, to the
Michigan Court of Appeals, which ruled that property owners
had “exclusive use” of the lakeshore, and finally to the
Michigan Supreme Court.
The court ruled that,“Because walking along the lakeshore is
inherent in the exercise of traditionally protected public
rights of fishing, hunting, and navigation, our public trust
doctrine permits pedestrian use of our Great Lakes, up to and
including the land below the ordinary high water mark.” Slip
Op. No. 126409, at 5 (July 29, 2005). The public trust doctrine
traces back to the Roman Emperor Justinian and essentially
says the state must hold in trust for the public access to
certain things common to all such as air, the sea and
seashore. A U.S. Supreme Court case from 1892, Illinois Central
Railroad Company v. Illinois, found that the public trust
doctrine applies to the Great Lakes (including bottomlands of
the Great Lakes) as well.
Referring to the public trust doctrine as “alive and well in
Michigan,” the court emphasized that private littoral
property conveyed by the state is subject to the publics’ right
to certain types of access, including walking, to waters of the
Great Lakes and lands beneath them that remain under the
protection of the state. The court also adopted the State of
Wisconsin’s definition of “ordinary high water mark” to “clarify
a term long used but little defined in our jurisprudence.”
The Michigan Supreme Court’s ruling in Glass v. Goeckel is
a major victory for people and natural resources in the State
of Michigan. You can read the Michigan Supreme Court’s
Opinion at: http://courts.michigan.gov/supremecourt/Clerk/Opinions-04-05-Term/126409.pdf
Funding authorized by House for Corps of
Engineers study of St. Clair River erosion
An article that appeared in the last issue of GLAHNews
(Summer 2005) described a study by W.F. Baird & Associates
Coastal Engineers of Toronto, and commissioned by the
Georgian Bay Association, which has found that Lakes
Michigan and Huron have permanently lost a foot of water
from erosion in the St. Clair River caused by dredging and
other man-made causes. The Baird study puts the permanent
loss of Lake Huron water at 845 million gallons per day.
Michigan Congresswoman Candice Miller (R- 10th District) is
working to get to the bottom of the erosion issue.
Congresswoman Miller’s district abuts the St. Clair River and
she has recently stepped up as a St. Clair River and Great Lakes
champion by persuading the U.S. House of Representatives to
authorize funding for the U.S. Army Corps of Engineers to
conduct a follow-up study on the St. Clair River erosion, and
offer possible solutions. The funding was included in the
reauthorization of the Water Resources Development Act of
2005, which recently passed the House and now must be
approved by the Senate. Congresswoman Miller also
worked to get $5 million authorized for the Corps of Engineers
to conduct habitat restoration and combat invasive species in
Lake St. Clair.
For more information, visit: http://candicemiller.house.gov/ or
http://www.georgianbay.ca/index.html
Lake Huron - US Side Advisor
Chris Grubb,Water Resources Coordinator
National Wildlife Federation
Great Lakes Natural Resource Center
214 W. Liberty Street, Ann Arbor, MI 48103
734-769-3351
734-769-1449 (fax)
Email: grubbc@nwf.org
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Disclaimer:
The interpretations and conclusions presented in this newsletter represent the opinions of the individual authors. They in no way represent the views of the Tip of the Mitt Watershed Council, the C.S. Mott Foundation, subscribers, donors, or any organization mentioned in this publication.
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