Friday, November 14, 2003
I think Eugene Volokh misunderstands the Privileges of the Shore, protected by the Rhode Island constitution. The privilege to gather seaweed is like a right, and is not an obligation. Or maybe he's pulling our leg. Access to the shoreline, including such activities as fishing or harvesting sea vegetables, is a serious issue in water law, and an approriate thing to put in the constitution of a coastal state.
Littorally.
If a stream can be navigated by a radio-controlled toy boat, is it a navigable water,
with a common law right of access in some jurisdictions, or do we still apply a canoe test? I remember being a kid, I wouldn't play in other people's yards, but I would follow the creek. My intuitive sense was that a creek is like a river, and a river is like a highway, and I had a perfect right to be there. Including the time I got caught in a muskrat trap.
Littorally.
If a stream can be navigated by a radio-controlled toy boat, is it a navigable water,
with a common law right of access in some jurisdictions, or do we still apply a canoe test? I remember being a kid, I wouldn't play in other people's yards, but I would follow the creek. My intuitive sense was that a creek is like a river, and a river is like a highway, and I had a perfect right to be there. Including the time I got caught in a muskrat trap.
Comments:
Post a Comment
