The Explorer has published a series of reports about the legally questionable practice by some private landowners of blocking access to navigable streams that run through their property. (See links to stories below).
This coverage has had an important result, including a finding by the Department of Environmental Conservation that one such waterway, Shingle Shanty Brook and its tributary Mud Pond Outlet, are legally open for public use. This waterway connects key portions of the William C. Whitney Wilderness Area.
The state asked the landowners to remove cables that block access. They have not done so but instead sued our editor, Phil Brown, for trespass in the course of his reporting.
We hope this lawsuit will clarify the right of public navigation. Check back here for updates on this important case.
Paddling case begins anew July/August 2016
Court hears paddling case May/June 2016
Joining the Fight Jan/Feb 2016
Canoe case in top court May/June 2015
Court Rules for Paddlers Mar/Apr 2015
Paddling case re-argued Nov/Dec 2014
Paddling case advances July/Aug 2014
Brandreths appeal ruling July/Aug 2013
A victory for paddlers Mar/Apr 2013
DEC sides with paddlers Mar/Apr 2013
AG backs paddlers’ rights Mar/Apr 2011
‘Explorer’ denies trespass Mar/Apr 2011
Landowners sue Editor Jan/Feb 2011
Paddlers’ rights in dispute Nov/Dec 2009
Testing the Legal Waters July/Aug 2009