Hailey Johnson
The question of whether river banks are public property in Alabama is a complex one. The state owns the bed and bottom of navigable streams, but not those that are non-navigable. The definition of navigability is subjective and based on various factors, including the natural flow of water and the presence of multiple landowners. The public has access to natural bodies of water, such as rivers, creeks, and lakes, that flow through lands held by more than one person or entity. However, private landowners along riverbanks may have concerns about trespassers and the extent of their property lines. The federal government's ordinary high water mark attempts to define where public sovereignty ends, but this has been a highly contested issue.
| Characteristics | Values |
|---|---|
| Definition of public waters in Alabama | All natural bodies of water such as rivers, creeks, brooks, lakes, bayous, bays, channels, canals, or lagoons are considered public waters in Alabama. Waters that are dug, dredged, or blasted canals and traverse, bound, flow upon, through, or touch lands held by more than one person or entity are also public. |
| Navigability test | There is no standard test for navigability and public access of streams in Alabama. It is a subjective decision based on various factors, including case law. |
| Ownership of navigable waters | The state of Alabama owns the bed and bottom of navigable streams, while the creek bottom may remain private property depending on the stream or river. |
| Obstruction of navigable waters | It is illegal to obstruct navigable waters in Alabama. Fines range from $100 to $1,000 for convictions. |
| Fishing licenses | Alabama residents do not require a fishing license for "cane pole fishing" in their county of residence or within one mile of it. |
| High water mark | The "ordinary high water mark" is used to determine the boundary between public and private land, but it is a contested issue. |
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What You'll Learn
Navigability tests determine public vs. private waters
Navigability tests are crucial for determining whether a river or stream in Alabama is public or private property. While there is no single definitive test, several factors come into play. Firstly, public waters encompass natural bodies of water such as rivers, creeks, lakes, and canals, as well as man-made waterways like dredged canals. These are considered public if they flow through or touch lands owned by multiple entities. Additionally, any water impounded by a lock, dam, or other devices placed across a navigable stream is also deemed public.
In contrast, private waters are defined as any body of water wholly on lands held by a single person, firm, corporation, or club. This includes impoundments that are exclusively on their lands, regardless of the stream's navigability. The ownership of streambeds is based on historical land cessions by the United States, with the title passing to patentees and their successors. The state of Alabama owns the bed and bottom of navigable streams, but not those that are non-navigable.
Case law also plays a role in determining navigability. For instance, in Bullock v. Wilson, the Supreme Court of Alabama ruled that the Coosa River was navigable at the point of a mill, as steamboats once travelled upstream to Rome, Georgia. However, the construction of dams has since altered the river's navigability. Fines are imposed on those who obstruct navigable waters or impede the passage of fish in rivers or creeks.
While the public cannot access private waters, Alabama law permits entry onto unimproved and apparently unused land that is not enclosed to exclude intruders, unless explicit notice against trespass is given. Private water owners have exclusive rights to the fish in their waters, and it is an offence to take or attempt to take those fish without permission. Landowners are authorised to make citizen's arrests of trespassing fishermen and can request assistance from game wardens.
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The state owns navigable stream beds, but not non-navigable ones
The laws regarding river banks and public property in Alabama are complex and multifaceted. While there is no simple test of navigability and public access to streams, the state of Alabama does own the bed and bottom of navigable streams, according to case law. This means that the state has ownership of the land beneath and at the bottom of streams that are navigable, but not of those that are non-navigable.
The determination of whether a stream is navigable or not is a subjective decision based on various factors. Public waters in Alabama include natural bodies of water such as rivers, creeks, lakes, and canals, as well as waters that are man-made or bound and flow through lands held by multiple entities. Any water impounded by the construction of a lock, dam, or other devices across a navigable stream is also considered public water.
The basis for private ownership of streambeds lies in historical land cessions and surveys conducted by the United States government. The Supreme Court of Alabama, in Bullock v. Wilson, determined that the Coosa River was navigable at the point of a mill, based on historical evidence of steamboat navigation. However, the river's navigability has changed due to the construction of dams.
The ownership of creek beds may remain private property, especially if they are seasonal or used for storm runoff, as they may not be considered navigable waters. Additionally, the obstruction of navigable waters is subject to fines, while the obstruction of non-navigable streams for activities like impounding private waters is generally allowed.
The issue of riverbank ownership is crucial for property owners, boaters, hunters, and fishermen, impacting tax assessments and access to resources. The definition of trespassing in Alabama grants license and privileges to those entering unimproved land unless notice is given, adding another layer of complexity to the situation.
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Obstructions on navigable waters
Alabama law defines public waters as:
> natural bodies of water such as rivers, creeks, brooks, lakes, bayous, bays, channels, canals or lagoons or [waters that] are dug, dredged or blasted canals and if these waters traverse, bound, flow upon or through or touch lands title to which is held by more than one person, firm, or corporation.
The state owns the bed and bottom of navigable streams in Alabama, but not those which are non-navigable. There is no simple test of navigability and public access of streams in Alabama; instead, it is a subjective decision based on many factors. The public has no right of access to non-navigable waters in Alabama.
In Alabama, it is unlawful to obstruct or block the navigation channel, entrance to the channel, mooring slip, landing dock, launching ramp, pier, or tributary. Vessels should also keep at least 100 feet of clearance of a displayed diver's flag. Operating a vessel in a reckless manner is also prohibited. This includes weaving through congested vessel traffic at high speed, jumping the wake of another vessel, cutting between a boat and the person or persons being towed by that boat, and steering a vessel towards any object or person in the water and turning sharply at close range so as to spray them with water.
Owners of private water capable of floating logs who build an obstruction on the water must provide a chute or sluiceway able to carry any logs that can be floated down to the obstruction from the stream above.
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Fishing license requirements
Alabama is home to many of the world's top fisheries, with a wide variety of freshwater and saltwater fishing spots. The state offers several types of fishing licenses, depending on factors like residency, length of stay, and the type of water body.
Firstly, anyone under the age of 16 does not need a fishing license in Alabama, regardless of residency or the type of water body. For those 16 and older, a fishing license is required to fish in public waters. Alabama residents can purchase a fishing license if they have a valid Alabama driver's license or non-driver's ID card, or proof of residency. Non-US citizens or those with a driver's license from another state can purchase a non-resident fishing license. Additionally, non-resident full-time college students aged 17 to 23 enrolled in an approved Alabama institute and non-resident active military personnel stationed in Alabama may qualify for resident fishing licenses.
The fishing license year runs from September 1 to August 31 annually. Alabama also offers combination licenses, which include freshwater, saltwater, and/or hunting options, and Sportsman's Licenses, which cover a wide range of hunting and fishing activities in the state. On Alabama's Free Fishing Day, usually the second Saturday in June, no license is required to fish in most public waters, although some lakes and piers may still require permits.
It's worth noting that Alabama's public waters include natural bodies of water like rivers, creeks, lakes, and canals, as well as those that touch lands with titles held by multiple entities. The state owns the bed and bottom of navigable streams, and the public generally does not have the right to fish in non-navigable streams that run through private land.
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Property taxes for riverbank landowners
In Alabama, the state owns the bed and bottom of navigable streams, but not those that are non-navigable. Navigable waters are defined as natural bodies of water, such as rivers, creeks, and lakes, that touch lands with titles held by more than one person or firm. The test for navigability is based on case law and is a subjective decision.
Property taxes in Alabama are based on property classification, millage rates, and exemptions. The assessed value of a property is determined by multiplying the appraised value by the corresponding property classification, also known as the assessment rate. Once the assessed value is determined, it is multiplied by the millage rate for the area to calculate the property taxes due. Millage rates are determined by county commissions and other taxing agencies and represent the tax rate in decimal form. For example, a home with an appraised value of $200,000 and a total property tax rate of 30 mills would result in an assessed value of $20,000 ($200,000 x 0.10) and a total annual property tax of $600 ($20,000 x 0.030).
Property tax rates vary depending on the location of the property, with the statewide millage rate for 2025 set at 6.5. County, school district, and municipality rates are applied in addition to the statewide rate. For example, Jefferson County, the largest county in Alabama, has the highest property taxes in the state, with a median amount of $1,282 annually. In contrast, Choctaw County residents pay the lowest amount, with a median of $222 per year.
It is important to note that Alabama has some of the lowest property taxes in the country. The median Alabama homeowner pays just $701 per year in property taxes, significantly less than the national median of $3,057. Property taxes in Alabama are due on October 1 of each year, and any unpaid taxes as of December 31 are considered delinquent.
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Frequently asked questions
It depends on the river and the specific area in question. Alabama Code § 9-11-53(a) states that all waters in the state are public waters if they are natural bodies of water that flow upon or through lands held by more than one person or firm. The state owns the bed and bottom of navigable streams, but not those that are non-navigable.
A navigable stream is one that is capable of floating logs or supporting aquatic life. The test for navigability is subjective and based on case law and a variety of factors.
Landowners who have property adjacent to a river or lake may have concerns about trespassers. While they can mark their property lines, they cannot restrict access to the waterway itself as it is considered public property. However, the extent of public access can vary depending on the specific location and the federal government's definition of the "ordinary high water mark".
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