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Keywords

trustlease
plaintifftrustwilllease

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Nedtweg v. Wallace, 237 Mich. 14, 208 N.W. 51

Facts

The state of Michigan, upon its admission to the Union, acquired title to the beds of navigable waters, including Lake St. Clair. Following the reliction of the lake, the state surveyed the land, set aside portions for public parks, and authorized leases for private development. Nedtweg applied for a lease but was denied on the grounds that the legislative act permitting such leases was unconstitutional, as the state holds the lake bed in trust for public use.

It is conceded that the title to the lands known as the St. Clair Flats rests in the state.

Issue

Whether the legislative act authorizing leases of the relicted lake bed is constitutional, given that the state holds the title in trust for public benefit.

The issue here presents nothing new.

Rule

The state holds title to the beds of navigable waters in trust for the public, which includes rights of navigation, fishing, and hunting. The state may lease such lands but cannot alienate the public rights associated with them.

The state may grant the jus privatum but never alienate the jus publicum.

Analysis

The court analyzed the nature of the state's title to the lake bed, concluding that while the state may grant leases for private use, it must do so without impairing public rights. The court found that the land in question had become relicted and was no longer suitable for navigation or fishing, thus allowing for its lease without violating the public trust.

If this land may be occupied without any substantial impairment of the rights reserved to the public under the trust with which the state's title is burdened, no public purpose will be served by holding that the state may not permit it to be occupied.

Conclusion

The court ruled that the legislative act allowing leases of relicted lands is valid, and directed the State Commission of Conservation to grant the lease to Nedtweg.

We find nothing in this record warranting us in declaring the act of the Legislature void.

Who won?

George Nedtweg prevailed in the case as the court found that the legislative act allowing leases was constitutional and that he was entitled to the lease he applied for.

Plaintiff is entitled to the lease he applied for, and the commission is directed to obey the provisions of the legislative act.

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