Title 52, Chapter 1, Section 31
( 52-1-31)
The General Assembly finds and declares that by the common law the
citizens of this state have an inherent right to use as highways all
navigable streams and rivers which are capable of transporting boats
loaded with freight in the regular course of trade either for the
whole or part of the year and that this right of use extends to the
entire surface of the stream or river from bank to bank. The
General Assembly further finds that the common law regarding such
right of use has not been modified by statute nor is it incompatible
with the federal or state constitutions. Therefore, the General
Assembly declares that ensuring the right of use by all the citizens
of this state of navigable streams and rivers which are capable of
transporting boats loaded with freight in the regular course of
trade either for the whole or part of the year as highways has more
than local significance, is of equal importance to all citizens of
the state, is of state-wide concern, and, consequently, is properly
a matter for regulation under the police powers of the state. The
General Assembly further finds and declares that structures located
upon navigable streams and rivers which are used as places of
habitation, dwelling, sojournment, or residence interfere with the
citizens' right to use the entire surface of such streams and rivers
which are capable of transporting boats loaded with freight in the
regular course of trade either for the whole or part of the year
from bank to bank as highways and must be removed to ensure the
rights of the citizens of this state to such usage. It is declared
to be a policy of this state and the intent of this article to
ensure such rights of the citizens of this state by authorizing the
commissioner of natural resources to remove or require removal of
certain structures from such streams and rivers which are capable of
transporting boats loaded with freight in the regular course of
trade either for the whole or part of the year in accordance with
the procedures and within the timetable set forth in this article. |