10.2 The Concept of Navigability

LibraryReal Estate Practice Deskbook (2019 Ed.)

A. (§10.2) The Concept of Navigability

Many, if not most, conversations regarding water law, especially with regard to rivers and streams, start with the question of whether or not the body of water is navigable, as though navigability would determine which legal rules apply. In many instances, navigability has not been determined. In most instances, the applicable legal rules do not depend on navigability.

The meaning of the term "navigability" depends on its context.

[The United States Supreme Court...

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