public trust doctrine

E267695

The public trust doctrine is a legal principle holding that certain natural resources, such as navigable waters and tidelands, are preserved for public use and that the government must protect and maintain them for the benefit of the public.

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public trust doctrine canonical 1

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Statements (50)

Predicate Object
instanceOf environmental law doctrine
legal doctrine
public law principle
appliedIn India
Pakistan
South Africa
United States of America
surface form: United States

various civil law jurisdictions
appliesTo beds of navigable waters
fishing rights in navigable waters
harbors
navigable waters
navigation rights
recreation on navigable waters
shorelines
submerged lands
tidelands
contrastsWith absolute private ownership of certain natural resources
developedIn United States law
hasCoreIdea certain natural resources are preserved for public use
government holds certain resources in trust for the public
government must protect and maintain trust resources for public benefit
hasPurpose ensure long-term preservation of trust resources
prevent privatization of essential public resources
protect public access to certain natural resources
imposesDutyOn government
sovereign
state governments
influencedBy English common law
legalEffect supports judicial review of government decisions affecting trust resources
voids or restricts government transfers that substantially impair trust resources
limits government power to alienate trust resources
government power to grant exclusive private rights in trust resources
originatedIn Roman law concepts of public things
protects public commerce on navigable waters
public fishing
public navigation
public recreation on trust resources
relatedTo common law
environmental protection
property law
public access rights
water law
requires government to manage trust resources for public benefit
government to prevent substantial impairment of trust resources
government to protect public access to trust resources
usedIn climate change litigation
coastal zone management
environmental litigation
land use regulation near navigable waters

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Full triples — surface form annotated when it differs from this entity's canonical label.

California tidelands legalDoctrine public trust doctrine