Public Rights

Public rights are rights that belong to the citizens but are maintained and defended by governmental authority. Citizens can exercise these rights but do not enforce them. They are most often exercised in the enjoyment of natural resources and lands held in public trust and are protected by federal, state, and local governments.

An example of the exercise of public rights is the use of rivers and waterways. Rivers and riverbanks up to the high-water mark are held in trust for public use. Whether a river runs through privately owned land does not prevent its public use. No property owner can own any portion of a navigable river. The ability to use any portion of a river for recreational purposes such as canoeing, boating, or fishing makes it by legal definition navigable.