Alaska Juneau Gold Mining Co. v. Northern Lumber Mills

Citations

• 5 Alaska 269

Syllabus

<p>1. Navigable Waters <S=>43(2)—Wharves—Right to Construct.</p> <p>The upland owner in Alaska has the same right of free and unobstructed access to navigable waters in front of his lands, and in the same way, as the abutter on any other highway; and he has thei right to construct a wharf between his land and deep water, to facilitate his access to and from the navigable waters, and for wharfage purposes.</p> <p>2. Navigable Waters <@=>39(3)—Littoral Rights—Access.</p> <p>The upland owner’s right of access from his land to the navigable waters across the foreshore is only an easement for use in facilitating such access. If he has no use for the access, the mere right of access is ineffective. • ,</p> <p>3. Navigable Waters <@=43(4)—Obstructions—Injunction.</p> <p>If the owner of upland abutting on navigable waters in Alaska has other and equally convenient means of access to it, and will not suffer any material damage by the alleged obstruction, equity will not interfere.</p> <p>4. Navigable Waters <§=>39(2)—Tidelanbs—Littoral Rights.</p> <p>Before an owner of uplands abutting on the navigable waters in Alaska can prevent others from using said lands he must show: (1) That he is the littoral proprietor; (2) that he desires tó use the tidelands to get to deep water; (3) that the use contemplatecl to be made, and tbe method of availing himself of the use, is reasonable; (4) and that the access is being interfered with.</p> <p><@=s>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>5. Navigable Waters ®=39(3)—Streets—Tidelands.</p> <p>Where the town of Juneau laid out a street on the inshore edge of the tidelands, next to the upland owner’s boundary line, and raised and planked it above high-water mark, but without acquiring any right thereto from the upland owner, or without any dedication or his consent in any way, such street did not cut off the upland owner’s littoral right of free and unobstructed access to the navigable waters in front of hi