Navigability

Definition and stakes

Portrait of Stanley Forman Reed Stanley Forman Reed,  United States v. Appalachian Electric Power Company…

“ Where the stream 'has never been impressed with the character of navigability by past use in commerce, * * * commerce actually in esse or at least in posse is essential to navigability' and 'a theoretical or potential navigability or one that is temporary, precarious and unprofitable is not sufficient.' The most important criterion by which to ascertain the navigability of a stream is that navigability in fact must exist under 'natural and ordinary conditions'. ”
Source: Wikisource

Portrait of Stanley Forman Reed Stanley Forman Reed,  United States v. Appalachian Electric Power Company…

“ Fourteen authenticated instances of use in a century and a half by explorers and trappers, coupled with general historical references to the river as a water route for the early fur traders and their supplies in pirogues and Durham or flat-bottomed craft similar to the keelboats of the New, sufficed upon that phase in the case of the DesPlaines. [55] Nor is lack of commercial traffic a bar to a conclusion of navigability where personal or private use by boats demonstrates the availability of the stream for the simpler types of commercial navigation. ”
Source: Wikisource

Robert Stevenson,  An Account of the Bell Rock Light-House

“ In proportion, therefore, as the pursuits of the navigator are considered essential to the wealth of the community, every effort to Assist him, in his course through the pathless ocean, must be regarded both as the call of interest and humanity. The most prominent causes of the perfection to which coasting-navigation has been brought, may be ascribed to the accuracy of our charts, and an increase of land-marks, by which the mariner, after braving the dangers of the seas, is enabled to guide his ship with safety into her intended port. ”
Source: Gutenberg

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