The presumption of riparian rights on navigable waterways and required real estate disclosures

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, a person who owns land that abuts a navigable waterway (commonly known as a riparian owner) is afforded certain rights. In general, these rights include reasonable use of the waterway and the right to place structures such as piers in the waterway. These rights may be limited by statute and may be subject to the riparian owner acquiring necessary permits. Courts have also held that these rights may be subservient to private property rights, where one person owns land adjacent to a navigable waterway, the bed of which is owned by another person.

This bill creates a presumption that an owner of land that abuts a navigable waterway is a riparian owner and is entitled to exercise all rights afforded to a riparian owner, even if the bed of the waterway is owned in whole or in part by another. The bill provides that the exercise of riparian rights remains subject to current law requirements and riparian rights may not be exercised if prohibited by the deed to the land or another written agreement or recorded instrument.

Who's behind it

9 senators are its authors⁠. 8 are Republicans and 1 is a Democrat.

17 more lawmakers signed on in support⁠.