Thursday, May 20, 2004

Appeals Court: Shoreline property rights extend to water's edge

In recent ruling, the Michigan Appeals Court reaffirmed that shoreline property rights extend to water's edge


Property owners who live along Great Lakes shores in Michigan have exclusive access up to the water's edge, the state appellate court said in a decision published Friday.

The Michigan Court of Appeals ruled that a person has the right to walk along private property as long as they remain in the water. But where dry land begins, the property owners have exclusive use rights.

UPDATE: The Oscoda Press published a few more details:

The Court of Appeals panel -- Judges Peter D. O'Connell, Kurtis T. Wilder and Christopher M. Murray -- found".

"As riparian owners, defendants have the exclusive right to the use and enjoyment of the land which, once submerged, has now become exposed by receding waters," the panel concluded. "Plaintiff has neither a statutory nor a common law right to interfere with that use. However, as a member of the public, plaintiff is entitled to utilize the lake bottom until it first reaches dry land, for purposes of navigating the Lake Huron shoreline."

This was a published opinion, meaning it is intended to serve as legal precedent in similar proceedings.

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