public trust doctrine


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public trust doctrine

n. the principle that the government holds title to submerged land under navigable waters in trust for the benefit of the public. Thus, any use or sale of the land under water must be in the public interest. Nevertheless, there has been a great deal of use for offshore oil drilling, for landfill, and marine shoreline development, in which protection of the public interest has been dubious at best.

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As a result of the economic consequences and limitations on authority, a court is unlikely to extend the public trust doctrine to the extent that groundwater marketing would be affected, even if the doctrine were extended to all groundwater.
"A public trust doctrine could provide a practical legal framework for restructuring the way we regulate and manage our oceans.
The public trust doctrine has its roots in Roman laws that required that the seas and tidal land remain open to all for fishing and navigation.
the classic statement of the public trust doctrine sounds in the
public trust doctrine jurisprudence was fully developed.
Cheever, Comment, A New Approach to Mexican Land Grants and the Public Trust Doctrine: Defining the Property Interest Protected by the Treaty of Guadalupe Hidalgo, 33 UCLA L.
[T]he core of the public trust doctrine is the state's authority as sovereign to exercise a continuous supervision and control over the navigable waters of the state and the lands underlying those waters.
United States, plaintiffs brought a suit alleging that the United States government had violated certain constitutional rights and the public trust doctrine by failing to take meaningful steps to address climate change.
1) Enforcing the "Public Trust Doctrine" --Wild fish and animals are public property managed by state governments.
They also call on the public trust doctrine for preservation of water as a common property resource in what could become a new Charter for water security in Canada.
In July, the Appellate Division of the First Department found that New York City code and the public trust doctrine required state legislative approval before the site could be redeveloped.

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