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Dispute between riparian owners of property concerning the use of a non-navigable river
Case Study: Holm v. Kodat
2022 IL 127511
This case arose from a dispute between riparian owners of property concerning the use of the non-navigable Mazon River in Grundy County, Illinois. The plaintiffs claimed that as riparian owners they had the right to kayak on the river through neighboring properties owned by the defendants. The circuit court and the appellate court sided with the defendants. The plaintiffs appealed to the Illinois Supreme Court who affirmed the lower courts ruling. The Court held that a riparian owner on a non-navigable stream or river does not have the right to use that waterway to cross the property of another riparian owner without that owner’s permission.
Takeaways:
The Court distinguished the differences between a non-navigable lake and a non-navigable river or stream.
The majority opinion and the concurring opinion did mention that the legislature would be the best venue to consider plaintiff’s request for the creation of new public policy regarding riparian rights for non-navigable rivers and streams in the state.
About the writer: Prior to joining Illinois REALTORS® in 2022, Victoria (Vicki) Munson was an attorney in private practice focusing on real estate and estate planning matters. She enjoyed assisting buyers and sellers in bringing their transactions to the closing table. Victoria earned her bachelor’s degree from Western Illinois University and her Juris Doctor from The John Marshall Law School.
