Ok, it's been a long day and my brain is fried. I'm sure I'll get shot at over these questions.
Do riparian rights in Kentucky extend to the high water mark?
Does the USACE have a chart that defines the HWM by elevation along the Ohio River?
Neither of those appear to address my issue. I want to know where the private property line stops adjoining the Ohio River within the state of Kentucky.
I recently did a survey upstream from the Markland Dam and my parent deed claimed to the low water mark. The Army Corps backed up the river in the late fifties early sixties, and took a Flowage Easement for the United States of America along affected parcels. The part that they took from the tract I was working on was from the former high water mark (elevation 463 at that location) to contour 470 and these are their terms as written in the take. Because the professionals of this river didn't feel the need to take from the low water mark up, then those professionals defined the riparian boundary at the high water mark on this navigable river.
I'll try to find some info when I get to the office tomorrow, but I think the Supreme Court ruled any flowing waterway belongs to government, and adjoiners own to the high water mark or top of bank. I had this issue come up earlier this year.
You may have a lot of digging to do. Remember KY was part of VA and you may have to determine the original grant or patent of the land in question to determine what was applicable. If the grant turns out to be pre-Revolution from the King then its limits may control - even out into the river or even across. VA (and probably KY) reserved the beds of streams & rivers after statehood - generally to low water mark.
Now low water mark can be debatable as to whether it is ordinary or historical. Whichever, the theory being that the land owner had to have access to the water at any time. Virginia even learned her lesson after losing the Potomac to Maryland, she kept the Ohio to low water mark on the North side when she ceded the Western lands - which I want to remember as 1792. The Supreme Court ruled that that boundary is non-riparian and the KY / OH - IN borders stay at low water as it was in 1792.
Lots of possibilities for the correct answer. Contact me if you want to discuss options further.
> I'll try to find some info when I get to the office tomorrow, but I think the Supreme Court ruled any flowing waterway belongs to government, and adjoiners own to the high water mark or top of bank. I had this issue come up earlier this year.
Most deeds in my area make a call to the high bank. The government owns the bed to the LWM on the
Illinois side. The area in between the high bank and the water's edge would be for the benefit of the public and the parcel itself. This is just an example of what I have observed in my area of western KY. Just an observation, not a
professional opinion.
It's late and I don't have time to do extensive research, but if this is the case on the Ohio, then it runs against most Illinois riparian law. In general, in Illinois, the adjoiners own to the thread of the river and the State claims an easement to the low water mark.
> It's late and I don't have time to do extensive research, but if this is the case on the Ohio, then it runs against most Illinois riparian law. In general, in Illinois, the adjoiners own to the thread of the river and the State claims an easement to the low water mark.
That may very well be the case, but Kentucky's Boundary with Illinois is the LWM on the Illinois side of the Ohio River. This is another great example of importance of this forum, for all of us to learn. Riparian law has always been an area that I would love to study more.
The land owner owns to the low water mark. The public has an easement between the low water mark and the high water mark. The Commonwealth of Kentucky owns between the low water mark KY side and low water mark OH side. I am not sure who owns the bed between KY and IN or IL; I would assume KY does, as the state originally was a part of VA.
I have a chart (from USACE) that lists the high water and low water elevations along the Ohio River. I am not sure how far down the river it goes but I will dig it out and let you know.
Interesting question. The US government usually owns the beds and the land to the "ordinary high water mark" on navigable streams. The problem is no one agrees as to where the ordinary high water mark is located. The term does not correspond to any flood return interval. So, typically it is to the top of the stream/river bank. If the COE has done studies, which they have on most large rivers, the ordinary high water mark will have a elevation. Try someone in H&H (hydrology and hydraulics) in district office of the COE. Must district offices have a surveyor as well.
> Interesting question. The US government usually owns the beds and the land to the "ordinary high water mark" on navigable streams.
When Virginia granted the Northwest Territory to the United States, the boundary followed the low water mark on the north side of the Ohio River. West Virginia and Kentucky were later formed from land south and east of the Ohio River. Both states retained title to the bed of the river when they were granted statehood.
"...to low water mark only, on the western or northwestern side of the Ohio, did the boundaries of the State of Kentucky extend."
18 U.S. 374 Handly's Lessee v. Anthony et al
Was still searching at the time....could not find anything in Kentucky Statutes...curious...Where are they cited?
could not find anything in Kentucky Statutes...curious...Where are they cited?
Is anything cited?
You won't find anything in statutes. Look to case law; I posted one such case above.
Thanks...thought that might be it....you guys have a lot to contend with on this one...makes for an interesting survey
Much obliged. FWIW, right now, I'm not that far down the river from you. Heck, I might just swing by and get it, if you don't mind.
Shoot me an email and let me know what area you are concerned with. The charts are 600 scale river charts so I will have to dig through them to figure out which one(s) you need.