What is the Public Trust?

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The Public Trust Doctrine is the legal principle that certain natural resources like the Lake Michigan shoreline must be protected by the government in perpetuity for the public’s benefit and cannot be controlled by private interests.

Why is it important?

Without the protections of the Public Trust Doctrine, we would lose our right to take long walks or even stand on the Lake Michigan shoreline beyond the boundaries of the public beaches, but it goes well beyond that. Permitting public shorelines to be under private control allows harmful development and puts precious ecosystems and wildlife at risk. Lake Michigan’s shoreline is globally unique. The Public Trust is how we protect it.

What is CLC doing about it?

When we heard that a private property owner was declaring private ownership of the Lake Michigan shoreline, we partnered with the Alliance for the Great Lakes and Save the Dunes to uphold the Public Trust.

The Indiana case of Gunderson v. State was long and difficult. We fought hard and prevailed. Although we won the case in the trial courtthe judge's ruling was not clear regarding the Public Trust boundary. We pushed for clarity in the Court of Appealsbut that court did more damage by giving away ownership of the beaches on Lake Michigan to the private landowners. Finally, the Indiana Supreme Court unanimously decided that the public does indeed have a right to use and enjoy the lakeshore up to the natural ordinary high-water mark and that the State of Indiana owns that lakeshore in trust for Indiana's citizens.

Of course, this is not where the battle ended. Since our victory in Gunderson, our opponents have filed yet another lawsuit, this time in federal court, trying to negate the State's ownership of the shoreline.

What now?

Overturning the Gunderson decision would have far-reaching implicationsSuch a result could compromise not only citizens' access to the Indiana shore but also government ownership and public access to other public lands across America. Does that seem ok to you? We don’t think so, and we’re in this fight to win it.

 

Public Trust Updates