Legal Opinion

Village of Pewaukee v. Savoy

Wisconsin Supreme Court

Decided May 16, 1899PublishedCited by 57 opinions

Appeal from a judgment of the circuit court for Wauke-sha county: JaMes J. Dick, Circuit Judge. Appeal from a judgment restraining defendants from placing a fence along the street line to obstruct the passage therefrom to the adjoining waters of Pewaukee lake.

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Appeal from a judgment of the circuit court for Wauke-sha county: JaMes J. Dick, Circuit Judge. Appeal from a judgment restraining defendants from placing a fence along the street line to obstruct the passage therefrom to the adjoining waters of Pewaukee lake. It was claimed by defendants that tbe land from the street line back some distance into the lake, reaching to where the water came in a state of nature, was private property; that though such land had been submerged for a long term of years by an artificial raising of the lake level, the owner had a right to reclaim the land and exclude…

1Opinion of the CourtMaeshall, J.

It is the settled law that submerged lands of lakes within the boundaries of the state belong to the state in trust for public use, substantially the same as submerged lands under navigable waters at common law. Upon the admission of the state into the Union the title to such lands, by operation of law, vested in it in trust to preserve to the people of the state forever the common rights of fishing and navigation and such other rights as are incident to public waters at common law, which trusteeship is inviolable, the state being powerless to change the situation by in any way abdicating its…

2Cases cited29 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  3. Barney v. KeokukSupreme Court of the United States · 1877
  4. Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
  5. Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847

24 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Illinois Steel Co. v. BilotWisconsin Supreme Court · 1901
  2. Diversion Lake Club v. HeathTexas Supreme Court · 1935
  3. Wilbour v. GallagherWashington Supreme Court · 1969
  4. Diana Shooting Club v. LamoreuxWisconsin Supreme Court · 1902
  5. Doemel v. JantzWisconsin Supreme Court · 1923

52 more not listed; retrieve them via the Exa API.

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