Mike Cain

A detailed Summary of Mike Cain

Michael Cain is an attorney for the Wisconsin Department of Natural Resources (WDNR) and he came to talk to us about the evolution of the public trust doctrine in Wisconsin dealing with navigable water and current development issues related to the public trust. The doctrine states that a sizable body of common law has developed which holds that all navigable waters are held in trust by the state for the public and through the DNR Department of Justice and District Attorneys they have an affirmative duty to protect these public trust waters. With the increase in recreational and developmental pressures the amount of aquatic resources diminishes increasing the importance of this issue and the grounds of the public trust doctrine. This is important because the doctrine provides the foundation for preserving aquatic natural resources for the future

Some current issues that are being faced now include recodification of Chapter 30 statutes including public interest test and agricultural drainage issues. Dockominiums referring to condominium units giving a person the right to use a pier slip in navigable waters. Last, but not least is the legislative response to the Supreme Courts decision in Solid Waste Agency of Northern Cook County vs. COE which limited the Corps of Engineers authority over certain isolated wetlands which are not a part of the water drainage system.

Cain talked about the historical aspect behind the public trust doctrine and its judicial construction. The doctrine was written to reflect the "public's interest" in waterways and to respond to the activities that have and will impact the navigable waterways. The doctrine took into consideration cases such as Willow River vs. Wade in 1898

Some common words found in the essay are:
District Attorneys, Corps Engineers, Lilly Creek, Resources WDNR, Willow River, Menomonee Falls, public trust, trust doctrine, public trust doctrine, Supreme Court, Cook County, navigable waters, Michael Cain, Supreme Courts, lakefront property home, property home, natural vegetation, shoreline habitat, natural resources, michael cain, lakefront property, recreational purposes,

Approximate Word count = 584
Approximate Pages = 2 (250 words per page double spaced)

Category: People

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Mike Cain

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