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The Public Trust Doctrine and the submerged and submersible lands of Oregon Public Deposited

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https://ir.library.oregonstate.edu/concern/graduate_projects/9019s330z

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  • Public Trust Doctrine. is a legal theory substantive enough for private citizens to utilize as a comprehensive legal approach to resource management problems. The doctrine is ultimately derived from the notion of governmental responsibility to hold lands in trust for beneficial use by the public. The governmental title to lands is twofold, with an element of private property rights called the "jus privatum" and a superimposed public trusteeship called the jus publicum." This paper surveys the scope of Public Trust Doctrine and investigates expansions from traditional common law usages of navigation and fishing. In Oregon, judicial and legislative ambiguities inhibit extension of trust doctrine from submerged and submersible lands to concerns of administrative land reclassification and private land holdings. Legislative clarification of acceptable public uses and delineation of state responsibilities will facilitate future development of Trust Doctrine into a viable avenue for citizen action concerned with the preservation of public benefits from natural resources
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