A real estate agent in Wisconsin is listing a property that borders a small stream. The seller claims the stream is not navigable and therefore the public has no right to use it. The buyer's agent wants to advise her client accurately. Under Wisconsin law, which standard is MOST commonly used to determine whether a waterway is 'navigable' for purposes of the public trust doctrine?
Correct Answer
A) Whether the waterway is capable of floating a log or small recreational watercraft
Wisconsin uses a broad navigability standard: a waterway is considered navigable if it is capable of floating a log or small recreational watercraft (such as a canoe) at any time of year when water levels are sufficient. This is sometimes called the 'log floating' or 'recreational use' test. The standard is intentionally broad to protect public access to Wisconsin's many waterways under the public trust doctrine, and it does not require commercial navigability.
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