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[85WashLRev0391] Leading a Judge to Water: In Search of a More Fully Formed Washington Public Trust Doctrine

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dc.contributor.author Stoner, Ivan M.
dc.contributor.author Washington Law Review
dc.date.accessioned 2010-05-26T16:36:14Z
dc.date.available 2010-05-26T16:36:14Z
dc.date.issued 2010-05
dc.identifier.citation 85 Wash. L. Rev. 391 (2010) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/347
dc.description.abstract Abstract: Under the public trust doctrine, a state must hold certain types of natural resources, most particularly navigable waters and shorelands, in trust for the benefit of the public. For that reason, courts closely scrutinize state actions impacting these public trust resources. In Caminiti v. Boyle, the Washington State Supreme Court developed a test that addresses situations where the State transfers control of public trust resources to private parties. But no firm rule guides Washington courts where a state action impacts the public trust without an alienation. This Comment examines the review Washington courts have applied in such situations, and concludes that while certain core principles are extractable— especially the principle that Washington courts’ role under the public trust doctrine does not end with enforcing the non-alienation rule established in Caminiti—Washington public trust law in this area remains vague. This Comment argues that reference to Wisconsin’s welldeveloped doctrine would clarify and improve Washington’s public trust doctrine, and proposes an analytical framework inspired by that created in Wisconsin’s courts. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Comment en_US
dc.title [85WashLRev0391] Leading a Judge to Water: In Search of a More Fully Formed Washington Public Trust Doctrine en_US
dc.type Article en_US
dc.rights.holder Copyright 2010 by Washington Law Review Association. en_US

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