Beatrice owns a home on the shore of Lake Superior in Michigan's Upper Peninsula. A dispute arises about whether a section of the beach between the water's edge and the high-water mark is private or public. Under Michigan's Public Trust Doctrine as applied to the Great Lakes, which of the following is the most accurate statement?
Correct Answer
A) The beach area up to the ordinary high-water mark of the Great Lakes is subject to the Public Trust Doctrine and open to public access.
Michigan's Public Trust Doctrine, as applied to the Great Lakes, holds that the state holds the Great Lakes waters and the land beneath them in trust for the public. Michigan courts have interpreted this doctrine to include public access rights to the shoreline up to the ordinary high-water mark. This means that even though Beatrice may own the land adjacent to Lake Superior, the area between the water and the ordinary high-water mark is subject to public trust rights, allowing the public to walk along the shoreline. This is a uniquely significant legal concept in Michigan given its extensive Great Lakes coastline.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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