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| Lake Erie Shoreline for Sale |
| HB 218, a bill that could allow the transfer of thousands of acres of public land into the hands of private property owners, is making its way through the Ohio state legislature. If this bill is enacted it would seriously compromise the rights of individuals to utilize the shoreline for fishing and general recreation. Federal law and previous conditions of Ohio's statehood require that any land lakeward of the high water mark is to be held in trust for the public. HB 218 would redefine the boundaries of Lake Erie from its "southerly shore" to "where the water hits the land." The international boundary shared with Canada would remain as a defining boundary. What makes the bill more interesting is a ruling by the Ohio State Supreme Court, which maintains that the Ohio General Assembly cannot abandon its responsibility to hold the land in trust for the people of Ohio. It appears the House will abandon its responsibility and fall victim to the private property rights movement. The bill text also inserts language that the interests of private property owners in coastal areas need to be taken into consideration for the coastal management plan that affects the lake. Additionally, it would allow littoral owners to make "reasonable use" of submerged lands and water, fronting their land. What constitutes reasonable is not defined. Redefining the boundary to "where the water hits the land," does not take into consideration variable water levels and recent conditions that have dropped the water levels of many of the Great Lakes below their normal averages. The authors of this bill should realize that water levels are variable and many of the recent drops in water level are human-caused. Redefining the boundary would severely hurt the shoreline environment, and would do little good for the overall health of Lake Erie. The authors apparently do not remember that they are public officials who should be acting in the interest of the public -- not a few developers who seek to make a couple of dollars at the cost of the enjoyment of a public shoreline. |
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headquarters at:
State Environmental Resource Center
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: [email protected]
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: [email protected]
