PPL Montana: The Supreme Court’s Modern Day City Slicker Approach for Determining the Navigability for Title Test

Landon Newell

Abstract


In a case “for history buffs,” the United States Supreme Court, a court “dominated by Easterners,” recently “tried to make sense . . . of a Western water dispute.” The case provided the Court with the opportunity to clarify the navigability for title test, a matter on which it had not spoken for many years. Specifically, the Court was asked to decide whether the need to portage around certain segments of a waterway defeated a finding of navigability.

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