Legal Definitions - public passage

Public Passage

A public passage refers to the legal right of the general public to travel or navigate across a body of water. This right exists irrespective of whether the land beneath the water is owned by a government entity or by private individuals or corporations. In essence, if a body of water is designated as a public passage, members of the public are legally permitted to use its surface for transit without needing permission from the owner of the submerged land.

Here are some examples illustrating this concept:

• Navigable River: Imagine a wide, flowing river that runs through several towns and rural areas. Even if the riverbed beneath certain stretches of the river is privately owned by a farm or a commercial enterprise, the public still has the right to use the river for activities like boating, kayaking, or canoeing. This illustrates a public passage because the public can navigate the water despite private ownership of the land underneath.
• Coastal Waters: Consider the ocean waters extending offshore from a private beach property. While the property owner might own the land up to a certain point on the beach, the general public retains the right to navigate the ocean waters beyond that point, such as for sailing, fishing, or swimming from a boat. This demonstrates the public's right to pass over the water, even if the adjacent land or even parts of the seabed might be privately controlled or leased for specific uses like aquaculture.
• Large Public Lake with Private Shoreline: Picture a large lake where many properties along its shoreline are privately owned, each with its own dock or small section of the lakebed near their property. Despite these private landholdings, the public generally has the right to use the main body of the lake for recreational activities like motorboating, sailing, or fishing, provided they access the lake from a public access point. This exemplifies a public passage because the public's right to navigate the lake's surface is upheld, regardless of the private ownership of the surrounding land or portions of the lakebed.