Quote:
Originally Posted by Andy M
The problem with your thought is you are viewing the land being owned by us as citizens (I agree that it should be) but the corp would tell you they own the propery surrounding the water and could completely restrict access tomorrow if they wanted to.
|
The tailwater area is going to be considered federal property in the same way any other U.S. Army property is considered federal property. Yes, in a sense it's owned by the taxpayers, since we are a government of the people. But there's nothing in riparian law or admiralty law that will stop the Corps' power to restrict access in the manner they're discussing.
If the Corps barriers impeded
navigability, there might be an issue. But some the dams at issue (Center Hill for example) don't allow upstream navigability anyway, and at the rest (like Old Hickory) the barriers are planned to restrict access to the discharge areas while leaving navigation through the locks unaffected.
bd