LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Brian D. Israel of Arnold & Porter LLP Speaker 5a: 20
Salmon River, upstate New York
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Douglaston Manor v. Bahrakis
(New York Court of Appeals 1997)
Holding: The court enjoined the actions of the
fishing guides because their activities were not
included as a public use within the trust.
The river was navigable-in-fact, and therefore
navigation was a public use under the trust.
However, the public right to navigate did not
include the public right to fish.
Thus, the fishing guides were trespassing, and
were liable for damages.
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Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM