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Old 11-03-2010, 11:47 AM
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NDuncan NDuncan is offline
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Join Date: Jun 2010
Location: Knoxville, Tn
Posts: 704

Originally Posted by Bfish View Post
It acknowledges that waters can be privately owned. My understanding of the case law in TN, is that flowing waters being privately owned is not well defined. This "cornerstone" amendment provides blanket protection to the privateers. No wading is IMO going to become common and no floating areas may also be come more routine.

You are wrong, unless the US supreme court ever reverses its decision that all navigable rivers in the US are 'held in trust by the states' for the public up to the high water mark. They have also determined that any river is navigable, even only by a kayak/canoe or other small craft and that barriers, such as dams or waterfalls do not make then unnavigable if it is possible to take out, and put in around the barrier. The supreme court has also made the rulings on the basis of use for recreation, fishing, and navigation. You may also be on the shoreline below the high water mark. Even if the river flows though private property, the river, up to the high water mark belongs to the public. This is a federal standard and no state law may supersede it.

Tennessee state law:

69-1-101. Navigable waters are highways.
All navigable waters are public highways, including those declared navigable by special law.
[Code 1858, 1299; Shan., 1808; Code 1932, 3074; T.C.A. (orig. ed.), 70-101.]

Declared Navigable waters in TN:

I remember earlier this year Byron was talking about the possibility of some townsend property owners wanting to close the river because of tubers, but if you notice in the first link, Little from elkmont down to its mouth is designated as navigable, and thus even if townsend property owners have a deed that says they own up to the middle of the river, they don't. They only own to the high water mark, as determined by the State Appeals court back in 2000.
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