Bess

The instant action involves the rights of the public (1) to use the Van Duzen River as it flows through property owned by Thomas L. and Carol Bess (the Besses), and (2) to obtain access to the river across the Besses’ property. The trial court found that the Van Duzen River is navigable and thus that “the State owns in fee simple, in trust for the public, the bed of the Van Duzen River to the river’s ordinary low water marks.” The court further found that the “State also owns, in trust for the public, an easement for navigation, commerce, fishing and recreation over the bed of Van Duzen River to its ordinary high water marks.” Finally, the court determined that “The state also owns, in trust for the public, a road easement across the subject property. This road easement, generally referred to as ‘Odd Fellows Park Road,’ arose by virtue of an implied dedication through public use. . . . This road easement may be used by the public for the purpose of gaining access to the Van Duzen River between its ordinary high water marks for swimming, fishing, navigational and recreational purposes.”

The Besses appeal.

Facts

In the late 1960’s the Besses purchased several parcels of…