ROVERT
Well-known member
- Joined
- Mar 25, 2013
- Messages
- 674
It's a bit trickier than that. You can identify a handful of rivers that have been deemed navigable by the courts as a fact. Essentially, everything else is TBD. The state (DCNR) maintains a long list of water ways with publicly owned stream beds. Most of these have not been tried in court. The Yellow Breeches is not on the list but many smaller streams are. Until a court decides, you could say the landowners own the streambed. I'm not sure it is solid fact, though.It's a fact, not an opinion. Navigable waterways in Pennsylvania are defined by their historic use as highways for commerce, granting the public rights to fish and navigate, largely managed by the PA Fish and Boat Commission. Major navigable rivers include the Allegheny, Susquehanna, Ohio, Monongahela, and Clarion. Public access includes these major rivers, streams, and lakes, while private, non-navigable streams are typically owned by adjacent landowners.
I think the following is a prime example. As far as I'm aware, the Sock has not been deemed navigable by a court. I'd give a landowner a 0% chance of winning if tested in court like the Little J was.
