Can a landowner restrict navigation if the property line is in the middle of the river?
A landowner that only owns the streambed to the middle of the river cannot obstruct or restrict navigation. Landowner Streambed Rights Subordinate to Public In navigable streams, landowner’s rights are clearly secondary to the public rights of navigation. Justice Harlan in West Chicago St. R. Co. v. People of State of Illinois Ex Rel City60): Great stress is placed by the railroad company on the fact that it is the owner in fee of the bed of the river at the point where the tunnel was constructed. But that fact is not vital in the present discussion; for it was adjudged by the state court-in harmony with settled doctrines, as will presently appear-that ‘the title to land under a navigable river is not the same as the title to the shore land:’ that ‘in a navigable stream the public right is paramount, and the owner of the soil under the bed of such a stream can only use and enjoy it in so far as is consistent with the public right, which must be free and unobstructed;’ that ‘the title t
