Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan
Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan
Michigan Law Review
The Ne-Bo-Shone Association, Inc., is an Ohio corporation which owns property on both banks of the Pine River for some distance. Following the decision of the Michigan Supreme Court in Collins V. Gerhardt that the stream is navigable and public, the complainant association was ordered to remove obstructions in the stream which hampered the free use of the stream by the public for fishing purposes. Thereupon complainant sought an in junction against certain public officials from taking action to remove these obstructions, claiming that it has the right to exclude the public from this portion of the Pine River, and …
Waters And Water Courses-Riparian Rights Of States On Interstate Streams
Waters And Water Courses-Riparian Rights Of States On Interstate Streams
Michigan Law Review
The state of Massachusetts enacted statutes proposing to increase the amount of diversion of water from the Connecticut River for urgent use in Boston and the surrounding metropolitan area. The state of Connecticut brought an original action in the Supreme Court of the United States to enjoin such proposed diversion, alleging that it would impair the navigability of the river, reduce flood waters to the injury of river bottom lands accustomed to annual inundations, prevent Connecticut from disposing adequately of refuse, and cause other injuries to the plaintiff state. Massachusetts answered, stating that the proposed diversion was not to exceed …
The Right To Fish In Fresh-Water Streams
The Right To Fish In Fresh-Water Streams
Michigan Law Review
Nearly three centuries ago Lord Hale wrote the "Fresh rivers, of what kind soever, do, of common right, belong to the owners of the soils adjacent and, if a man be the owner of the land on both sides, in common presumption, he . hath the right of fishing according to the extent of his land in length." This doctrine of the common law, to the extent that it concerns riparian ownership, has long been accepted in Michigan. In this state the owner of the riparian lands owns the submerged lands connected therewith to the thread of the stream. Quite …