NAVIGABLE WATER NOT ALWAYS SUBJECT TO FREE PUBLIC ACCESS

The legal decisions presented in this note center around the improvements made by a developer to Kuapa Pond. The pond had been a shallow lagoon on the Island of Oahu. It had separated Maunalua Bay and the Pacific Ocean by a natural barrier beach. The pond was not navigable. After dredging and fillin...

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Bibliographic Details
Published in:Natural resources journal 1981-01, Vol.21 (1), p.161-168
Main Author: MCGUINNESS, MAUREEN
Format: Article
Language:English
Subjects:
Bodies of water
Commerce clause
Dissenting opinions
Federal district courts
Land ownership
Marinas
Marine
Navigation
Ocean navigation
Petitioners
Ponds
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Summary:The legal decisions presented in this note center around the improvements made by a developer to Kuapa Pond. The pond had been a shallow lagoon on the Island of Oahu. It had separated Maunalua Bay and the Pacific Ocean by a natural barrier beach. The pond was not navigable. After dredging and filling operations had been carried out by the developer, a 200-ft wide channel had been dug which connected the pond to the Bay. Presently, Kuapa Pond is the center of a 6,000 acre private marina. The U.S. filed suit to determine whether petitioners were required to obtain Corps of Engineers authorization for future improvements in accordance with paragraph 10 of the Rivers and Harbors Act. The question was also raised as to whether petitioners could restrict access to what had become navigable water of the United States and should be open to the public under the doctrine of navigational servitude. The results of the Supreme Court decision are discussed.
ISSN:0028-0739
2640-2149