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Understanding Public Trust Doctrine: Assets, Alienation, and Regulation

Explore the basis for government regulation of private property with a focus on the Public Trust Doctrine, including assets covered, acceptable alienation, and principles of law. Discover how great bodies of water, parklands, and natural resources are protected and governed.

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Understanding Public Trust Doctrine: Assets, Alienation, and Regulation

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  1. Public Trust Doctrine • Restraints on alienation by the government Illinois Central Railroad Co. v. Illinois (p. 35) • Basis for government regulation of private propertyJust v. Marinette County (p. 38)

  2. Public Trust Issues • What assets are covered by the doctrine? • To what uses can the assets be put? • Who can alienate (convey) a public trust asset and according to what procedures?

  3. Public Trust Assets • Great bodies of water (Illinois Central Railroad Co. v. Illinois ) • Parklands, wetlands, and wildlife(court additions/expansion of the doctrine) • Air, water, and natural resources(statutes and state constitutions)

  4. Acceptable AlienationNo Degradation • Public (not private) uses • Consistent with protecting asset • Enhancement or minimal diminution of asset • No public use destroyed or greatly impaired

  5. Who Can Alienate and How? • Minor alienation by agency, pursuant to rigorous procedures • Major alienation by agency or “remand to legislature” • Legislature

  6. Background Principles of Law:Public Trust Doctrine • Public rights predate all private rights. • Thus there can never be a successful claim of superior private rights over public rights.

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