Everything about Navigable Servitude totally explained
Navigable servitude is a
United States constitutional doctrine that gives the
federal government a property right over waterways as an extension of the
Commerce Clause of
Article I, Section 8 of the constitution.
The Commerce Clause gives Congress the power to regulate "Commerce . . . among the several states." In
Gibbons v. Ogden (
1824), the
United States Supreme Court ruled unanimously that this power extended to regulation over navigable waterways,
22 U.S. 1
which were an important hub of transportation in the early years of the Republic.
The
beds of navigable waterways, however, fall under the jurisdiction of the
states.
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