Bess v. County of Humboldt

Opinion

STEIN, J.

The instant action involves the rights of the public (1) to use the Van Duzen River as it flows through property owned by Thomas L. and Carol Bess (the Besses), and (2) to obtain access to the river across the Besses’ property. The trial court found that the Van Duzen River is navigable and thus that “the State owns in fee simple, in trust for the public, the bed of the Van Duzen River to the river’s ordinary low water marks.” The court further found that the “State also owns, in trust for the public, an easement for navigation, commerce, fishing and recreation over the bed of…