Town of Ravenswood v. Flemings

Citations

• 22 W. Va. 52

Syllabus

<p>(*Woods, Judge, Absent.)</p> <p>1. The Ohio river is navigable and is a public highway in the highest and. broadest intendment possible, (p. 56.)</p> <p>2. Riparian owners of land on the Ohio river, as against the State of West Virginia, hold their titles oniy to ordinary high-watermark. (p. 69.)</p> <p>3. The bed, banks and shores of the Ohio river are held by the State in trust for the public, (p. 69.)</p> <p>4. It is competent for the Legislature to confer on municipal corporations, in aid of the navigation of said river, the exclusive right to construct wharves within their corporate limits between ordinary-high-water-mark, and low-water-mark without compensation to the adjacent lot-owner for the land so taken for that purpose, (p. 69.)</p> <p>5. The act of the Legislature denying the right of a riparian owner in an incorporated town or city without the consent of the council of said town or city to build a wharf, pier or bulk-head on the space adjacent to his lot between ordinary high-water-mark and low-water-mark is constitutional, (p. 70.)</p> <p>6. Where a lot-owner under such circumstances does attempt to erect such wharf, cfec., without the consent of the council of the city or town, the city or town may enjoin him from so doing, (p. 69.)</p>