Jackson River Case Comes To An End

Remember awhile back, when I wrote about a court case in Virginia regarding the Jackson River?  The case was about trespassing, an 18th century land grant, handed down from the English Crown, and who actually owned the river.  (To read the article, go here: Who Owns the Riverbed, Who Has Access to the River?)  Well, the case has now come to an end.  And the results could lead to changes in property rights and the "ownership" of riverbeds around the United States.



It came to an end without anything really resolved.  But, it ended with the plaintiffs, who claim that 17th century land grant from the English Crown gives them ownership of the riverbed itself, with the lead.

The defendants, who were charged with trespassing, have given up their fight due to the overwhelming costs.  They have already spent over $130,000 in legal bills.  They can simply no longer afford to fight.

Nobody challenged the plaintiffs for ownership of the riverbed, because nobody else could claim ownership. That is, except the state.  Generally, the citizens of the state "own" the riverbeds, so the state of Virginia would have had to contested for ownership.  However, the state's attorney general did not intervene because this was a civil case between two private parties.  And so, the case ended with the Judge granting the plaintiffs 'prima facie' ownership.

There really is no telling what this might lead to--there is no telling how many other ancient documents give ownership to other parts of this riverbed, or other riverbeds in Virginia.  Just as in this case, these lands may have been sold numerous times, but these new owners may now begin to lay claim on these riverbeds, that are currently presumed to be owned by the state.

Who knows, this may very well spread beyond Virginia, and landowners in other states may begin to claim that they own the riverbeds as well.  This could effectively cut off access to the rivers for anglers, paddlers, and all those who enjoy our nations flowing waters.

I will keep an eye on the case and keep you posted as more an more info come out.  Here is a link to another article about the outcome of this case: Jackson River case ends, but questions remain

To read more about this case:
Who Owns the Riverbed, Who Has Access to the River?

http://www.beaubeasley.com/jacksonriver.html
Jackson River case ends, but questions remain

If you want to learn more about river access, and protecting our rivers here in Texas:
Texas Rivers Protection Association