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I'm not sure how many of you are following this or are even aware of it, but you may want to think about implications if Montana prevails in this case.
MT to PPL-"You owe us 95 years worth of rent for the riverbed"
Posted : February 9, 2012 7:44 pm
See Gavit's Adm'rs v. Chambers, 3 Ohio 495 for the first-ever analysis of the topic.
Posted : February 9, 2012 9:53 pm
Interesting case Mark, thanks for posting. My dealings with navigability issues have always centered around commerce use at the time of statehood. I definitely will keep an eye on this as it could be a real game changer. Washington State DNR tries to assert bed ownership based on post-statehood commerce but haven't as yet tried to adjudicate any rights/ownership.
Doug
Posted : February 9, 2012 10:31 pm