Legal Dictionary of Pakistan

navigation servitude

1. An easement allowing the federal government to regulate commerce on navigable water without having to pay compensation for interference with private ownership rights. See NAVIGABLE WATER. "The navigation servitude, because of its link to navigable waters and the protection of navigation, is often confused with the public trust doctrine. The navigation servitude, however, is a paramount federal servitude on navigable waters based on the commerce power rather than on ownership or trust responsibilities." Donna R. Christie, Coastal and Ocean Management Law in a Nutshell 34 (1994). 2. An easement, based on the state police power or public trust doctrine, that allows a state to regulate commerce on navigable water and provide limited compensation for interference with private ownership rights. 0 The state servitude is inferior to the federal servitude.