Applying The Public Trust Doctrine to Local Governments

Authors

Talia O. Thuet

First Page

409

Abstract

Under the public trust doctrine, the government holds public lands in trust for the public and cannot unreasonably restrict citizens from accessing them or otherwise breach its duties as a trustee. The public trust doctrine is often thought of as a state law doctrine. However, local governments own a significant portion of public land. Some local governments argue that the public trust doctrine does not apply to them because the state is the proper trustee under the public trust doctrine. This Comment argues that the public trust doctrine applies to local governments. State law preempts local government law on matters of statewide concern, and because the public trust doctrine is a matter of statewide concern, the public trust doctrine preempts local government action that contravenes the public trust doctrine. Similarly, as agents of the state, local governments may not take action that the public trust doctrine prohibits the state from taking. This Comment starts by discussing those principles of local government law, and then examines Kramer v. City of Lake Oswego, a recent case in Oregon that demonstrates how one state supreme court overturned the appellate court decision that declined to apply the public trust doctrine to local governments. This Comment also surveys six jurisdictions that expressly apply the public trust doctrine to local governments. Litigants can use the courts’ reasoning in these cases to expand the application of the public trust doctrine to local governments in other jurisdictions that have not yet decided the issue.

Recommended Citation

Talia O. Thuet, Applying The Public Trust Doctrine to Local Governments, 28 Lewis & Clark L. Rev. 409 (2024).
Available at: https://lawcommons.lclark.edu/lclr/vol28/iss2/7