LAWRENCE v. CLARK COUNTY

No. 54165.

254 P.3d 606 (2011)

James R. LAWRENCE, in his Official Capacity as Nevada State Land Registrar, Appellant, v. CLARK COUNTY, Respondent.

Supreme Court of Nevada.

July 7, 2011.


Attorney(s) appearing for the Case

Catherine Cortez Masto , Attorney General, and K. Kevin Benson , Deputy Attorney General, Carson City, for Appellant.

David J. Roger , District Attorney, and Paul D. Johnson , Deputy District Attorney, Clark County, for Respondent.

Before the Court En Banc.


OPINION

By the Court, SAITTA, J.:

This appeal concerns whether state-owned land that was once submerged under a waterway can be freely transferred to respondent Clark County, or whether the public trust doctrine prohibits such a transfer. Generally, under the public trust doctrine, a state holds the banks and beds of navigable waterways in trust for the public and subject to restraints on alienability. Although the public trust doctrine has never...

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