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Old 10-08-2018, 08:03 AM   #81
Onshore
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The gentleman in the video infers that if a marina is contained within a dug-in inlet or basin it is private and boating within it can be restricted. I do not believe this to be correct. Let me state up front that I am not an attorney. I base this on opinion documents from the NH Dept. of Justice I have read, final reports on public water access from previous legislative committees and some relevant case law. in the case of a dredge inlet the owners may claim they retain ownership of the submerged bed but the waters that flow in remain public. Consider that almost all, if not all, riverbeds in NH are privately owned but the waters are public and navigation cannot be obstructed. I believe there is also a NH Supreme Court case from the early 1900's that established that even if an entity owned all of the land around a great pond they cannot restrict access. It remains a public water. I will see if I can track that case down. If I can find it, I will post a link to it for those who are curious.
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