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Illinois Supreme Court affirms private property owner’s rights to “non-navigable” rivers

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In issuing their opinion in Holm v. Kodat today the Illinois Supreme Court once again affirmed the rights of a riparian owner over the rights of a paddler on Illinois’ “non-navigable” rivers. According to the decision, paddlers on non-navigable streams can be found guilty of trespass for paddling on rivers without explicitly granted property owner permission.

Read the full decision attached.

Yet, for a slightly hopeful assessment pointing to a legislative solution, focus on paragraph 56, near the end of the decision and on the “Specially concurring” opinion written by Justice P. Scott Neville, Jr. and signed on to by Chief Justice Anne M. Burke.

It looks like the paddling community has it’s work cut out for us, folks. Stay tuned for more…

Holm v. Kodat, 2022 IL 127511

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