WATERS AND WATERCOURSES - NAVIGABLE WATERS - DRIED-UP LAKE - RELICTION

Authors

Daniel Hodgman, University of Michigan Law SchoolFollow

Abstract

A meandered lake, during periods of normal rainfall covering 3000 acres, due to years of drought completely dried up. Plaintiff, the owner of land abutting on the lake, sued the defendant, a stranger, who entered on the dry bed and cut hay, plaintiff claiming ownership of that part of the dry bed where the hay was cut as relicted land. Held, that the lake which was deemed navigable before it dried up was still a navigable lake although no water was in it; that as a navigable lake the ownership of the bed was in the state in trust for the public; that there was no reliction because the lake was not permanently dry and that plaintiff, therefore, had no title to the bed by which he could bring the action. Hillebrand v. Knapp, (S. D. 1937) 274 N. W. 821.

Recommended Citation

Daniel Hodgman, WATERS AND WATERCOURSES - NAVIGABLE WATERS - DRIED-UP LAKE - RELICTION, 36 Mich. L. Rev. 1226 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss7/24