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Who Owns the Beach of Lake Erie in Ohio

Posted on:2013-10-27Degree:M.J.SType:Thesis
University:University of Nevada, RenoCandidate:Lucci, Eugene AFull Text:PDF
GTID:2455390008974962Subject:Law
Abstract/Summary:PDF Full Text Request
Controversy abounds over the ownership of the beach of Lake Erie in Ohio, the territory between the ordinary low-water mark and the ordinary high-water mark. The lakefront landowners claim ownership to the low-water mark, and some of the ownership deeds even so state; many deeds provide that ownership is to the water line. The state of Ohio claims ownership in trust for the people of the state to the high-water mark, and even charges "rent" for the land "leased" to the landowners lakeward from the high-water mark. The public claims the right to occupy and walk along the beach, even on "private" property, for purposes of recreation, sports, and other environmental activities. These three major stakeholders have locked horns and the dispute is ripe for resolution.;The Supreme Court of Ohio recently considered this issue and purported to resolve it, yet left all of the stakeholders wanting for the clarity, certainty, and closure they sought.;Exactly, who owns the beach of Lake Erie in Ohio? This thesis posits that the proper definition in Ohio of the boundary line for the public trust territory of Lake Erie is the natural shoreline, that is, the most landward of either the low water mark or the water's edge, when undisturbed by sudden, short-term, dramatic, and perceptible causes, wherever that moveable boundary may be at any given time.
Keywords/Search Tags:Lake erie, Ohio, Beach, Mark, Ownership
PDF Full Text Request
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