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Legal Rights of the Canoeist

In any discussion of canoeists’ legal rights the question of navigability arises. It is generally assumed that if a stream is navigable one has the legal right to float a canoe on it. Basically this is correct in the state of North Carolina.

However, the question remains as to what constitutes “navigability” under the laws of the state. One old case defined a stream that loggers used to float their timber down to be navigable, but it is believed that this case defined a limited type of navigable purpose. The general idea seems to be that if a waterway is suitable as a “highway” of commerce it is navigable and the public has a right to use it. When a navigable stream crosses an owner’s land the state owns the bottom and the owner cannot legally block use of the stream for navigation or fishing.

In a recent decision, when a landowner attempted to block a waterway, declaring it nonnavigable, the California Court of Appeals determined that the test of navigability is met if the stream is capable of supporting boating for pleasure. In making his decision the judge pointed out that the streams of California are a vital recreational resource of the state. Perhaps this case may set a precedent that will be followed in the future in determining the rights of the paddler. Although, with the strong laws protecting the property rights of the individual owner in North Carolina the recreation precedent may never float there.