Having just taken the boys to the Gateway Arch and the Museum of Westward Expansion in recent days, I've been answering a lot of questions from my five-year old about Lewis and Clark. "What President gave them the job?" "Did they buy the rivers and lakes too?" "How old are they?" Etc, etc.
Turns out the Supreme Court is being asked to channel the thinking of Lewis and Clark in a pending case this term. The Supreme Court is being asked to determine who owns the land below three rivers in Montana. The State, or a private company.
"The Supreme Court determined years ago that states own the title to rivers that were navigable at the time of statehood. The question now is whether that ownership is different in segments of the river impassable because of falls or other impediments, or is determined by looking at whether the river as a whole is navigable, evidence of which can be based on present-day use."
So, the question comes down to whether or not the river was navigable, and both sides are claiming that Lewis and Clark's support their case. So, the Justices are being asked to consider whether or not Lewis and Clark viewed the rivers in question as navigable.
If the Supreme Court sides with the private company in this case, it could call into question the rights to riverbeds throughout the US, particularly in the West. If the Court sides with the State, the private company could be liable for back rent....an estimated $53 million and counting so far.
No comments:
Post a Comment