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Just and Unjust Compensation: The future of the Navigational Servitude in Condemnation Cases

By April 26, 2002No Comments

In the seminal case of Gibbons v. Ogden,1 the Supreme Court established that Congress’ power to regulate interstate commerce under Article I, Section 8 of the Constitution2 embraced the power to regulate all of the nation’s navigable waterways. This power has since been held to apply to any body of navigable water, including lakes, rivers, and streams, that has the requisite connection with interstate commerce. Navigable lakes, rivers, and streams that cross state boundaries are subject to congressional regulation, and even navigable bodies of water that are wholly within the boundaries of one state may be regulated by Congress.

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