Legal Definitions - navigation servitude

The navigation servitude is a legal principle in the United States that recognizes the federal government's supreme authority over navigable waters for the purpose of regulating and improving navigation. This authority stems from the Commerce Clause of the U.S. Constitution. It means that private property rights along or within navigable waters are subject to this federal power. When the government exercises its navigation servitude, it may undertake projects that affect private property, such as altering water levels, dredging riverbeds, or constructing navigation aids, without necessarily having to pay compensation for certain resulting impacts on private property, provided the action is for the benefit of navigation.

• Example 1: Dredging a Shipping Channel
  Imagine a homeowner who owns a beautiful property along a navigable river, complete with a private dock and a small beach. The federal government, through an agency like the Army Corps of Engineers, decides to dredge the river to deepen a shipping channel for larger commercial vessels. This dredging operation alters the natural flow and depth of the water near the homeowner's property, making their private dock unusable due to significantly shallower water and eroding their small beach. Under the navigation servitude, the government might not be required to compensate the homeowner for the loss of their dock's utility or the erosion of their beach, because these impacts are a consequence of a legitimate federal project to improve navigation.
• Example 2: Dam Construction and Altered Water Levels
  Consider a farmer whose land borders a navigable river. The federal government decides to build a new dam downstream to improve navigation, control flooding, and generate power. As a result of the dam, the water level upstream rises permanently, submerging a portion of the farmer's riverside pasture that was previously dry and used for grazing. Because the primary purpose of the dam project includes improving navigation, the government might not be obligated to pay the farmer for the lost pasture land, as this impact falls within the scope of the navigation servitude.
• Example 3: Riverbank Stabilization for Navigation
  A private landowner has a scenic property along a section of a navigable river known for its strong currents and erosion. The federal government determines that this erosion threatens the stability of the river channel, potentially impeding navigation. To address this, the government undertakes a project to stabilize the riverbank by installing riprap (large rocks) along the landowner's riverfront. While this project protects the navigation channel, it significantly alters the natural appearance of the landowner's property and restricts their previous recreational access to the riverbank. The navigation servitude could mean that the government is not required to compensate the landowner for these aesthetic changes or the altered recreational use, as the project serves the purpose of maintaining navigable waters.