id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-2393	Ruhtenberg, Joan M.	Navigational Servitude — Taking of Property Under the Fifth Amendment	1980	15	.pdf	application/pdf	6705	306	59	^ At common law, the public right of access to navigable waters was two-fold: the public right of navigation in waters that were navigable in fact and the public right of fishing in waters that were subject to the ebb and flow of the tide.^ Dominion over bodies of water in the United States was unsettled until 1842 when the Supreme Court in Martin v. WaddelP declared that navigable waters and the land under them were held prior to the American Revolution by the King as a public trust and that after the Revolu- tion the people of each state held the absolute right to all their navigable waters and the soils under them for their own common use. This doctrine of sovereign dominion precluded private owner- ship of navigable waters and the submerged beds under them and gave title to the individual states.^ Federal power over navigable waters depends entirely upon con- gressional authority under the commerce clause and not upon federal title to the water or the land below.	cache/inlawrev-2393.pdf	txt/inlawrev-2393.txt