Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 4 of 4
Full-Text Articles in Law
The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal
The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal
Washington Law Review
The public trust doctrine is an ancient doctrine that has recently emerged as a powerful tool to protect the public interest in tidelands and shorelands. Created and developed by the judiciary, the doctrine's principles have found their way into several of Washington's regulatory statutes, such as the Shoreline Management Act and the Aquatic Lands Act. This Article traces the development of the doctrine in Washington, and explains the relation between the state's police power and the public trust doctrine. This Article also sets forth the current contours of the public trust doctrine in Washington, and charts potential future developments of …
The Public Trust Doctrine: Accommodating The Public Need Within Constitutional Bounds—Orion Corp. V. State, 109 Wash. 2d 621, 747 P.2d 1062 (1987), Cert. Denied, 108 S. Ct. 1996 (1988), Steven W. Turnbull
Washington Law Review
Following decades of neglecting its public trust duties, Washington now accepts the public trust doctrine as a permanent fixture in its law. In Orion Corp. v. State, the Washington Supreme Court reaffirmed the state's sovereign interest as the public's trustee in its tidelands, marshes, and shorelands. The court declared that private use of protected trust lands must conform to the public's interest in navigation, fishing, and recreation, and must not be harmful to the land's dependent wildlife. The court, however, declined to define the public trust's reach, stating only that it is coextensive with the public need. This standard suggests …
The Public Trust Doctrine: Accommodating The Public Need Within Constitutional Bounds—Orion Corp. V. State, 109 Wash. 2d 621, 747 P.2d 1062 (1987), Cert. Denied, 108 S. Ct. 1996 (1988), Steven W. Turnbull
Washington Law Review
Following decades of neglecting its public trust duties, Washington now accepts the public trust doctrine as a permanent fixture in its law. In Orion Corp. v. State, the Washington Supreme Court reaffirmed the state's sovereign interest as the public's trustee in its tidelands, marshes, and shorelands. The court declared that private use of protected trust lands must conform to the public's interest in navigation, fishing, and recreation, and must not be harmful to the land's dependent wildlife. The court, however, declined to define the public trust's reach, stating only that it is coextensive with the public need. This standard suggests …
Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney
Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney
Washington Law Review
Since 1971 the Shoreline Management Act (SMA) has been the dominant legal tool for managing the Washington coastal zone. However, use of state-owned beds of navigable fresh and salt waters below low tide or the low-water line is still controlled largely by the harbor line system established in the 1889 state constitution. Almost no attention has been paid to the harbor line system in the legal literature, or to its relationship to the other laws concerned with coastal zone management. This article briefly analyzes the relationship of the harbor line system to the SMA, to the various federal laws concerned …