10.3 Navigability in Fact and the Navigation Servitude
| Library | Real Estate Practice Deskbook (2019 Ed.) |
1. (§10.3) Navigability in Fact and the Navigation Servitude
The public has a right to use rivers that are susceptible of being used for transport.
The rule long since approved by this Court in applying the Constitution and laws of the United States is that streams or lakes which are navigable in fact must be regarded as navigable in law; that they are navigable in fact when they are used, or are susceptible of being used, in their natural and ordinary condition, as highways for commerce, over which trade...
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