What is the doctrine of public trust?
The doctrine of public trust is an important concept in water law in Massachusetts. It is the idea that certain natural resources, such as rivers, lakes, oceans, and wetlands, are held in trust by the government for the benefit of the public. This means that the government has a responsibility to protect these resources from abuse and to ensure they are used in a manner that is beneficial to the public. Under the doctrine of public trust, the public has the right to use these resources for recreation, transportation, and fishing, and to enjoy the beauty of nature. The government must also preserve the resources and ensure their health and safety so that future generations can continue to use and enjoy them. The doctrine of public trust has been applied to a wide range of natural resources, including lakes, rivers, oceans, and wetlands in Massachusetts. For example, the Massachusetts Supreme Judicial Court has held that the public has the right to enter any pond, lake, or river that is large enough for watercraft navigation, as well as any tidal flats like those near Boston. The doctrine of public trust is an important concept in Massachusetts water law, as it ensures that these important resources remain available to the public. It is an important part of our public policy to protect these resources for the benefit of all.
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