The Laws of Nature

"By the law of nature these things are common to all mankind, the air, running water, the sea and consequently the shores of the sea." (Institutes of Justinian)

The Public Trust Doctrine

And

Ownership of Land along a River

My husband and I have enjoyed canoeing and rafting on several rivers in Missouri for over 30 years. Our favorite vacation spot located in the Ozark Mountains near Lesterville, Mo. is Black River Lodge, sitting with many acres on the Black River with a great beach. Black River Lodge has been known by many as a great family vacation for many years.

There is a lot I could say about the wonderful times we have enjoyed staying at the lodge, but what I am writing about pertains more to a discovery I made this summer in August 2005. I was unaware of the rights (or no rights) of property owners on rivers. This would include a farmer that has land on both sides of a river, or, in this case, the Lodge that has property along the river of which they pay taxes on. Because of the Public Trust Doctrine, property owners do not have any rights on the land that they own along any river. Public rights to rivers are a matter of law that dates back to the founding of our nation. A land owner may own property on a river, but the river and it's banks are public. On all navigable rivers, in any state, the riverbed and the banks, up to the ordinary high water mark, are state land held in trust for the public for navigation and fishing or recreation. The government agencies can prohibit activities such as leaving trash, tearing up beds or banks and they must prevent the discharge of sewage and pollution into rivers and prevent toxins and livestock dung from washing into rivers.

During our stay at Black River Lodge, one of the things we enjoy is floating and fishing on the river. We only float during the weekdays, because on Saturday's and Sunday's the river is crowded with canoes and rafters. As I said earlier, I also have enjoyed canoeing on several rivers, and I am not trying to prevent anyone else from this activity or from fishing in the river. But, when Saturday comes, instead of floating we would settle for just going to the beach to hang out and watch the canoe's going by. Problems started to occur when canoers with drunken behavior, swearing and sometimes obscene, dumping their trash, would want to stop on what we considered our beach. There was never a problem with a fisherman who stopped to fish, or a canoe with a family who stopped for a drink or sandwich. The problem increased to the point that the lodge had to hire security guards to come on Saturday's while we were at the beach for our safety. But, because of this law of nature, they have been told they do not have the right to have security on the beach anymore.

Black River Lodge has a reputation of being a great family vacation, and I feel they should have the right to security on the beach to monitor behavior and for the safety of their guests and protect their property. Guards were only running off the canoes who were causing a problem. What about any private property owner along the river, the farmer or the home owner? The law of nature was created in ancient times, isn't it time to amend this law and give the taxpayer and property owner some rights on his land? I don't believe that the Missouri State Water Patrol has enough officers to monitor activities on all the rivers and their banks. Times have changed; people do not have respect for property like they did in earlier days, or show respect for other people. That is why an amendment or a change in this law is necessary. If you pay taxes on property, you should have the right to protect it.

I would like to know how others feel about the laws regarding rivers and their banks. It would help to also give your opinions to the Department of Public Safety at the Missouri State Water Patrol. The address is as follows:

State of Missouri

Department of Public Safety

Missouri State Water Patrol

P.O. Box 1368

Jefferson City, MO. 65102

Also, notice in one of my photos above the cow crossing the river while we were rafting, there were also other cows on the other bank drinking water. hmmmm What about the "dung" they are leaving in the river? Nobody has even thought about this.

I want to extend a special thank you to the agents from the Missouri State Water Patrol for all their help on Saturday, August 20, and to the security guards for all their help in the past. Thank You!