Holm v. Kodat

Plaintiffs and the individual Defendants own separate parcels of property along the Mazon River. Plaintiffs filed declaratory action seeking order recognizing their right, as riparian owners, to kayak along the entire river. The Mazon River is not navigable in fact, as it is not, in its natural state, an avenue for commerce by customary modes of water transportation. Thus, a public easement does not exist to allow public navigation on the river. Defendants thus own to the center of the bed of the stream abutting their properties, including the water. Thus, each defendant may lawfully bar all trespassers from the segment of the Mazon River that abuts his parcel of property. Both Plaintiffs and Defendants have private property rights as riparian owners that are superior to the interests of the general public. The riparian owner of each parcel situated along the Mazon River may lawfully bar access, within their easily ascertainable property lines, to any person, including their riparian neighbor.  (HOLDRIDGE and LYTTON, concurring.)