Property Rights in Streambeds in Nebraska

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Authors

Pearson, Eric

Issue Date

1986

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19

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Journal Article

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INTRODUCTION|On April 2, 1985, the Attorney General of the State of Nebraska issued a legal opinion on the rights of Nebraskans to use the waters of the Missouri River for recreational purposes. The Assistant Director of the Nebraska Game and Parks Commission had requested a ruling on whether members of the public could use the banks of the Missouri River for hunting, fishing, and boating activities without securing prior permission from abutting riparian landowners. The Attorney General held that they could not, stating that "the public has no right to utilize the banks of the Missouri River without the permission of the landowners except to portage or otherwise transport a non-powered vessel around a fence or obstruction in the river." The opinion relied on two legal bases:...

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19 Creighton L. Rev. 169 (1985-1986)

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Creighton University School of Law

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